News / National
Morgan Komichi makes fresh bail application
17 Aug 2013 at 08:21hrs | Views
MDC-T deputy national chairman Morgan Komichi who is facing allegations of contravening the country's electoral laws has made a fresh bail application at the Harare Magistrates' Courts. Komichi, who was represented by Mr Charles Kwaramba, appeared before Harare magistrate Ms Anita Tshuma yesterday.
Mr Kwaramba said he was applying for bail on changed circumstances on the basis that Komichi was denied bail because the country was still to hold its elections, hence the magistrate ruled that he could interfere with the process.
He said the country had since held its elections, hence the circumstances had changed.
Mr Kwaramba further argued that Komichi wanted to be given a senatorial post by his party.
But Mr Michael Mugabe and Mr Edmore Nyazamba who represented the State argued that there were no changed circumstances in the matter at all.
They said the only changed circumstance was that the State had provided Komichi with a trial date showing that it had a strong case against him.
Ms Tshuma will rule on the matter on August 26 this year.
Komichi was arrested on July 28 on allegations of misrepresenting to the Zimbabwe Electoral Commission that he had "picked up" from a dust bin, a sealed tamper-proof envelope with a special vote ballot paper at a Harare hotel.
He is also accused of marking the ballot papers in favour of his party since investigations showed that the ballot papers were not marked by the voter and could not have been marked at the polling station as they did not bear the secret mark of the presiding officer of the polling station.
Komichi, the MDC-T's chief election agent, is facing charges of contravening the Electoral Act which outlaws the unauthorised taking, destroying or opening of ballot papers.
He allegedly approached Zec deputy director of public relations Mr Tendai Pamire and told him he had an issue to raise with the electoral body's chairperson Justice Rita Makarau who agreed to meet him.
In the meeting, Komichi alleged that an unnamed person informed him that they had picked up an envelope from a dustbin at the HICC where the special vote was being processed.
Komichi further alleged that he had opened the envelope out of curiosity and discovered that there were ballot papers.
Based on the envelope, Komichi alleged that Zec was destroying the ballots which were cast by the police in favour of MDC-T.
The ballot in question belonged to Constable Mugove Chiginya whom the Zimbabwe Electoral Commission said went to a Mt Pleasant polling station to vote during the special vote, but could not do so because his ballots were not at the centre.
This, Zec said, proved that Komichi marked the papers himself since they were not opened at the polling station.
Mr Kwaramba said he was applying for bail on changed circumstances on the basis that Komichi was denied bail because the country was still to hold its elections, hence the magistrate ruled that he could interfere with the process.
He said the country had since held its elections, hence the circumstances had changed.
Mr Kwaramba further argued that Komichi wanted to be given a senatorial post by his party.
But Mr Michael Mugabe and Mr Edmore Nyazamba who represented the State argued that there were no changed circumstances in the matter at all.
They said the only changed circumstance was that the State had provided Komichi with a trial date showing that it had a strong case against him.
Ms Tshuma will rule on the matter on August 26 this year.
Komichi was arrested on July 28 on allegations of misrepresenting to the Zimbabwe Electoral Commission that he had "picked up" from a dust bin, a sealed tamper-proof envelope with a special vote ballot paper at a Harare hotel.
Komichi, the MDC-T's chief election agent, is facing charges of contravening the Electoral Act which outlaws the unauthorised taking, destroying or opening of ballot papers.
He allegedly approached Zec deputy director of public relations Mr Tendai Pamire and told him he had an issue to raise with the electoral body's chairperson Justice Rita Makarau who agreed to meet him.
In the meeting, Komichi alleged that an unnamed person informed him that they had picked up an envelope from a dustbin at the HICC where the special vote was being processed.
Komichi further alleged that he had opened the envelope out of curiosity and discovered that there were ballot papers.
Based on the envelope, Komichi alleged that Zec was destroying the ballots which were cast by the police in favour of MDC-T.
The ballot in question belonged to Constable Mugove Chiginya whom the Zimbabwe Electoral Commission said went to a Mt Pleasant polling station to vote during the special vote, but could not do so because his ballots were not at the centre.
This, Zec said, proved that Komichi marked the papers himself since they were not opened at the polling station.
Source - herald
