News / National
Mamombe, Chimbiri seek exception
30 Dec 2021 at 07:50hrs | Views
MDC-Alliance members Joana Mamombe and Cecilia Chimbiri now want the courts to drop their charges of allegedly faking their abduction in May last year.
Mamombe and Chimbiri, through their lawyer Mr Jeremiah Bamu, said that they will make an application for exception when they return to court on January 14.
This is an objection to facing the charge in the first place, and the application must be made before the person facing trial has pleaded guilty or not guilty. The act of pleading recognises that the charge is valid and their defence can sink it while an application for exception wants the charge declared invalid.
The two said they would proceed with that application when they appeared before acting Chief Magistrate Mrs Faith Mushure after she threw out their earlier application requesting for further particulars relating to their case from the State.
Mrs Mushure ruled that the documents, which Mamombe and Chimbiri were furnished by the State after an even earlier application were enough to prepare for their trial. They are charged with publishing falsehoods prejudicial to the State.
Mr Michael Reza appearing for the State had told the court that the two had been given all the particulars they had requested for in September.
Allegations facing Mamombe and Chimbiri are that on May 13 at around 12.30pm, in the company of Netsai Marova who is on the run, they gathered at Choppies Supermarket in Warren Park 1, Harare, with other MDC-Alliance youths.
It is alleged they then staged a demonstration against the recalling of their legislators from Parliament by the MDC-T and the alleged misuse of the Covid-19 pandemic funds. On the same day, they allegedly called their friends, families and lawyers, saying they had been arrested at a roadblock near the Exhibition Park in Harare and were taken to Harare Central Police Station.
Upon receiving the communication, their lawyer Mr Jeremiah Bamu reportedly went to the police CID Law and Order.
Mamombe and Chimbiri, through their lawyer Mr Jeremiah Bamu, said that they will make an application for exception when they return to court on January 14.
This is an objection to facing the charge in the first place, and the application must be made before the person facing trial has pleaded guilty or not guilty. The act of pleading recognises that the charge is valid and their defence can sink it while an application for exception wants the charge declared invalid.
The two said they would proceed with that application when they appeared before acting Chief Magistrate Mrs Faith Mushure after she threw out their earlier application requesting for further particulars relating to their case from the State.
Mrs Mushure ruled that the documents, which Mamombe and Chimbiri were furnished by the State after an even earlier application were enough to prepare for their trial. They are charged with publishing falsehoods prejudicial to the State.
Mr Michael Reza appearing for the State had told the court that the two had been given all the particulars they had requested for in September.
Allegations facing Mamombe and Chimbiri are that on May 13 at around 12.30pm, in the company of Netsai Marova who is on the run, they gathered at Choppies Supermarket in Warren Park 1, Harare, with other MDC-Alliance youths.
It is alleged they then staged a demonstration against the recalling of their legislators from Parliament by the MDC-T and the alleged misuse of the Covid-19 pandemic funds. On the same day, they allegedly called their friends, families and lawyers, saying they had been arrested at a roadblock near the Exhibition Park in Harare and were taken to Harare Central Police Station.
Upon receiving the communication, their lawyer Mr Jeremiah Bamu reportedly went to the police CID Law and Order.
Source - The Herald
