News / Local
CCC legislator Sithole granted bail
11 Nov 2022 at 05:03hrs | Views
CCC Chitungwiza North legislator Godfrey Karakadzai Sithole, who is jointly charged with Job Sikhala on inciting public violence in Nyatsime area, was yesterday granted $300 000 bail at the Harare Magistrates Court.
Harare magistrate Mrs Marehwanazvo Gofa agreed there were changed circumstances that allowed her to grant bail.
Through lawyer Mr Oliver Marwa, Sithole had argued that police had since completed their investigations and all witness statements had been recorded, leaving no room for him to interfere with investigations.
Mr Marwa distanced Sithole partially from Sikhala.
"The evidence and allegations do not establish a link that they acted in common purpose," he said. "He did not commit the offence and did not organise transport for the people who allegedly cause public violence.
"He does not own any vehicle and investigations do not reveal the vehicle he has used."
The State led by Mr Lancelot Mutsokoti had opposed the bail application.
He argued that Sithole, through his lawyer, had failed to table new facts warranting his release on bail.
Mr Mutsokoti said the period that Sithole had been in remand since his arrest was "not out of proportion" considering the seriousness of the offence he is facing.
He said the possibility of Sithole's conviction after trial was still high and the evidence from investigations had since strengthened the State case.
"The completion of investigations is not in accused favour as it had strengthened the State case and his conviction is imminent," said Mr Mutsokoti. "We do not agree that that the evidence does not implicate accused. Accused remained linked to the offence, as the witnesses at trial will tell the court that he was seen driving a silver grey Isuzu double cab which had no number plates and acting in association with first accused (Sikhala).
"Witnesses will also confirm in court that accused was seen carrying participants who orchestrated violence in Nyatsime."
In her ruling, Mrs Gofa concurred with Mr Marwa's arguments, saying that there were changed circumstances and granted Sithole bail.
Sithole has to surrender his passport and report twice a week to Chitungwiza police.
This is not the first time that Sithole had mounted a similar application after his two other attempts were turned down by the court.
Sikhala and Sithole are expected back in court on November 15 for trial.
Harare magistrate Mrs Marehwanazvo Gofa agreed there were changed circumstances that allowed her to grant bail.
Through lawyer Mr Oliver Marwa, Sithole had argued that police had since completed their investigations and all witness statements had been recorded, leaving no room for him to interfere with investigations.
Mr Marwa distanced Sithole partially from Sikhala.
"The evidence and allegations do not establish a link that they acted in common purpose," he said. "He did not commit the offence and did not organise transport for the people who allegedly cause public violence.
"He does not own any vehicle and investigations do not reveal the vehicle he has used."
The State led by Mr Lancelot Mutsokoti had opposed the bail application.
He argued that Sithole, through his lawyer, had failed to table new facts warranting his release on bail.
He said the possibility of Sithole's conviction after trial was still high and the evidence from investigations had since strengthened the State case.
"The completion of investigations is not in accused favour as it had strengthened the State case and his conviction is imminent," said Mr Mutsokoti. "We do not agree that that the evidence does not implicate accused. Accused remained linked to the offence, as the witnesses at trial will tell the court that he was seen driving a silver grey Isuzu double cab which had no number plates and acting in association with first accused (Sikhala).
"Witnesses will also confirm in court that accused was seen carrying participants who orchestrated violence in Nyatsime."
In her ruling, Mrs Gofa concurred with Mr Marwa's arguments, saying that there were changed circumstances and granted Sithole bail.
Sithole has to surrender his passport and report twice a week to Chitungwiza police.
This is not the first time that Sithole had mounted a similar application after his two other attempts were turned down by the court.
Sikhala and Sithole are expected back in court on November 15 for trial.
Source - The Herald
