Vic Falls protestors out on $100 bail

SIXTEEN people from Victoria Falls and Harare yesterday appeared in court charged with being a public nuisance and conducting an unlawful gathering after they demonstrated here on Wednesday.

A man believed to be a billionaire from Australia, and identified as Mr Patrick Miller was among the demonstrators but was reportedly released before going to court after it emerged he was only caught in the crossfire while taking pictures.

The accused are Bryrn Potter (23), Louse Doran (38), Daniel Connolly (31), Ephias Mambume (36), Kelly Valley (33), Nikki Blythe (30), Danielle Ponter (33), and Sarah Norton (50). Dustin Labuschagne (31), Mkhululi Nyoni (42), Raphael Moyo (33), Guy Cock-Croft (27), Lawrence Benjamin Norton (53), Japhet Tshuma (48), Shane Peel (21), Marie Connolly (58) complete the list.

Blythe resides in Borrowdale Brooke in Harare while the rest are from Victoria Falls.

Mambume is MDC-T Councillor for Victoria Falls Ward 6 while Valley is daughter of MDC-T's Ward 1 Councillor Margaret Valley, in whose house the demonstration was allegedly co-ordinated from.

The group was not asked to plead to failing to give notice of a gathering to the regulating authority in contravention of Section 25 of the Public Order and Security Act and alternatively public nuisance in terms of Section 46 of the Criminal Code.

They were represented by Mr Thulani Nkala instructed by Mr Givemore Muvhiringi, both of Dube and Company.

Victoria Falls magistrate Ms Lindiwe Maphosa released each of them on $100 bail and remanded them to July 21 for start of trial. Each was ordered to reside at their given address, not to interfere with witnesses and to surrender travel documents to the Clerk of Court in Victoria Falls.

Applying for bail, Mr Nkala said his clients were detained for five hours by police without being charged, which is a violation of their rights.

"We want to register a complaint on behalf of the accused who were arrested at 10AM on Wednesday where they had gathered conducting a peaceful demonstration. They were taken to the police station and detained there without being informed of their charge and this is against Section 50. 1(a) of the Constitution which states that a person who is arrested must be informed at the time of arrest the reason for the arrest," said Mr Nkala. He said the charges levelled against his clients were embarrassing as there was no complainant, who claims to have been blocked, or a vehicle that was blocked by the demonstrators.

"When police came up with the charge it was embarrassing to the extent that the accused persons couldn't even respond because it was said they were blocking people yet there are no names of people or details of vehicles that were blocked," Nkala said.

Prosecuting, Mr Listen Nare didn't oppose bail despite saying investigations are still underway as the investigating officer is yet to record statements from witnesses who are members of the public.

Meanwhile, 10 taxi drivers who were also arrested on the same day were released yesterday evening from police detention and indications are that they will be charged with disorderly conduct after they allegedly blocked traffic at Moringa Shopping Centre in Mkhosana.