News / National
Mamombe, Chimbiri in fresh bail bid
09 Apr 2021 at 07:14hrs | Views
MDC-ALLIANCE'S Joana Mamombe and Cecilia Chimbiri launched a fresh bail bid on the grounds of changed circumstances yesterday.
The prosecution is still opposed to the granting of bail on the grounds that they are likely to commit another offence.
Magistrate Mr Dennis Mangosi is expected to make a ruling next week.
In the latest charges, the two allegedly called for a gathering at the Harare Magistrates Court last month, and were denied bail by Harare provincial magistrate Mrs Vongai Guwuriro. They then went to the High Court on appeal, but Justice Tawanda Chitapi threw out their appeal.
Through their defence team of Mr Alec Muchadehama and Mr Jeremiah Bamu, the two launched a fresh bail bid yesterday arguing that a lot of time had lapsed since they were denied bail.
At present the investigations have not established what strengthens the State case. Instead, investigations revealed that State case has weakened in the sense that there is a clear indication that State failed to show evidence of its compliance with SI 200 of 2020.
"Upon resisting, the details would take appropriate measures including arresting them. What we expected from them was factual demonstration that these steps were followed prior to arrest," said Mr Bamu.
He said Mamombe and Chimbiri were prepared to pay $5 000 as bail, report once a fortnight at CID Law and Order and not to engage in any conduct that constitutes offences under Covid-19 regulations. Prosecuting, Mr Lancelot Mutsokoti opposed the application saying nothing had changed.
"There are no changed circumstances that warrant release of accused on bail as they must show that new facts have arisen before a judicial officer who initially heard their bail.
"The reason why they were denied bail was that they were likely to commit similar offence. High Court (judge) Justice Chitapi denied them bail on same grounds.
"In their submissions, they did not give new facts and prove that they will not commit similar offences," he said.
The prosecution is still opposed to the granting of bail on the grounds that they are likely to commit another offence.
Magistrate Mr Dennis Mangosi is expected to make a ruling next week.
In the latest charges, the two allegedly called for a gathering at the Harare Magistrates Court last month, and were denied bail by Harare provincial magistrate Mrs Vongai Guwuriro. They then went to the High Court on appeal, but Justice Tawanda Chitapi threw out their appeal.
Through their defence team of Mr Alec Muchadehama and Mr Jeremiah Bamu, the two launched a fresh bail bid yesterday arguing that a lot of time had lapsed since they were denied bail.
At present the investigations have not established what strengthens the State case. Instead, investigations revealed that State case has weakened in the sense that there is a clear indication that State failed to show evidence of its compliance with SI 200 of 2020.
"Upon resisting, the details would take appropriate measures including arresting them. What we expected from them was factual demonstration that these steps were followed prior to arrest," said Mr Bamu.
He said Mamombe and Chimbiri were prepared to pay $5 000 as bail, report once a fortnight at CID Law and Order and not to engage in any conduct that constitutes offences under Covid-19 regulations. Prosecuting, Mr Lancelot Mutsokoti opposed the application saying nothing had changed.
"There are no changed circumstances that warrant release of accused on bail as they must show that new facts have arisen before a judicial officer who initially heard their bail.
"The reason why they were denied bail was that they were likely to commit similar offence. High Court (judge) Justice Chitapi denied them bail on same grounds.
"In their submissions, they did not give new facts and prove that they will not commit similar offences," he said.
Source - the herald
