News / National
Tsvangirai's ally denied bail
31 Jul 2013 at 04:00hrs | Views
MDC-T deputy national chairman Morgan Komichi, accused of misrepresenting to the Zimbabwe Electoral Commission that he picked up a sealed tamper-proof envelope with a special vote ballot paper from a dust bin at a Harare hotel, had his application for bail denied yesterday.
Komichi was not formally charged for contravening section 85 (i)(c) of the Electoral Act Chapter 2:13 which criminalises taking, destroying or opening a pack of ballot papers without authority when he appeared before Harare magistrate Ms Anita Tshuma.
Ms Tshuma denied him bail and said he was not a proper candidate for bail during this election period.
Chief law officer Mr Michael Mugabe opposed bail and argued that Komichi had a potential to discredit the harmonised elections and the Zimbabwe Electoral Commission.
He said Komichi was a flight risk considering the gravity of the case he faced.
"Accused is facing a very serious offence such that to admit him to bail will trivialise the offence," he said.
"Accused is the only source of information as police are still to locate accused's informant."
The defence led by Mr Andrew Makoni argued that his client was suitable for bail and that his arrest was politically "calculated to stifle MDC-T's preparations for the harmonised elections".
He said Komichi's presence in court was prejudicial to the MDC-T since he was the chief elections officer for the party.
Mr Makoni said Komichi denied all the charges and ought to have been the complainant in the matter with ZEC in the dock explaining why critical voting material was found in a dustbin.
Allegations are that on July 25, ZEC chairperson Justice Rita Makarau was sitting with other officials in a boardroom committee room at the Harare International Conference Centre.
Komichi is alleged to have approached ZEC deputy director public relations Mr Tendai Pamire and told him he had an issue to raise with the chairperson who agreed to meet him.
In the meeting, Komichi alleged that an unnamed person allegedly informed him that he or she had picked up the envelope from a dustbin at the HICC where the special vote was being processed.
Komichi further alleged that he had opened it out of curiosity and discovered that there were some ballot papers.
He alleged that ZEC was destroying the ballots which were voted by the police.
The ballot paper he produced belonged to a policeman Mugove Chiginya who had allegedly voted in favour of MDC-T.
ZEC allegedly noted that all the ballot papers did not have the presiding officer mark and that two were marked SV while the presidential ballot paper was not marked SV.
ZEC reported the matter and investigations showed that Chiginya had failed to vote in the special voting exercise.
The State alleges that Komichi fraudulently took, opened or otherwise interfered with a pack of ballot papers endorsed in a grey tamper proof plastic which he alleges were allocated to Constable Chiginya.
Komichi was not formally charged for contravening section 85 (i)(c) of the Electoral Act Chapter 2:13 which criminalises taking, destroying or opening a pack of ballot papers without authority when he appeared before Harare magistrate Ms Anita Tshuma.
Ms Tshuma denied him bail and said he was not a proper candidate for bail during this election period.
Chief law officer Mr Michael Mugabe opposed bail and argued that Komichi had a potential to discredit the harmonised elections and the Zimbabwe Electoral Commission.
He said Komichi was a flight risk considering the gravity of the case he faced.
"Accused is facing a very serious offence such that to admit him to bail will trivialise the offence," he said.
"Accused is the only source of information as police are still to locate accused's informant."
The defence led by Mr Andrew Makoni argued that his client was suitable for bail and that his arrest was politically "calculated to stifle MDC-T's preparations for the harmonised elections".
He said Komichi's presence in court was prejudicial to the MDC-T since he was the chief elections officer for the party.
Allegations are that on July 25, ZEC chairperson Justice Rita Makarau was sitting with other officials in a boardroom committee room at the Harare International Conference Centre.
Komichi is alleged to have approached ZEC deputy director public relations Mr Tendai Pamire and told him he had an issue to raise with the chairperson who agreed to meet him.
In the meeting, Komichi alleged that an unnamed person allegedly informed him that he or she had picked up the envelope from a dustbin at the HICC where the special vote was being processed.
Komichi further alleged that he had opened it out of curiosity and discovered that there were some ballot papers.
He alleged that ZEC was destroying the ballots which were voted by the police.
The ballot paper he produced belonged to a policeman Mugove Chiginya who had allegedly voted in favour of MDC-T.
ZEC allegedly noted that all the ballot papers did not have the presiding officer mark and that two were marked SV while the presidential ballot paper was not marked SV.
ZEC reported the matter and investigations showed that Chiginya had failed to vote in the special voting exercise.
The State alleges that Komichi fraudulently took, opened or otherwise interfered with a pack of ballot papers endorsed in a grey tamper proof plastic which he alleges were allocated to Constable Chiginya.
Source - herald
