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Chamisa ally, Kunaka file for discharge
01 Jun 2026 at 18:44hrs |
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Opposition activists Godfrey "Madzibaba veShanduko" Karembera, Jim Kunaka and Malcolm Masarira have applied for discharge at the close of the State's case in a matter in which they are accused of inciting public violence.
The trio, who are being represented by lawyer Paidamoyo Saurombe, face charges of incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry, in contravention of section 187(1)(a) as read with section 37 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
They all pleaded not guilty and denied allegations that they were present at Machipisa in Highfield, Budiriro and Glen View, where the alleged offences are said to have occurred. They further denied distributing flyers or inciting members of the public to participate in any unlawful gathering.
The State led evidence from four witnesses before closing its case, after which the defence filed an application for discharge, arguing that the prosecution had failed to establish a prima facie case.
The defence submitted that the evidence presented was insufficient, unreliable and inconsistent, and that no reasonable court acting carefully could safely convict the accused persons on the available testimony.
One of the key State witnesses, Superintendent Edmore Runganga, testified that he observed flyers scattered at Machipisa shops but did not witness anyone distributing them, nor could he identify those responsible.
He further told the court that he saw a Toyota Aqua in Budiriro allegedly linked to the distribution of the flyers, but conceded that he could not identify its occupants. The witness also stated that while three individuals fled from the vehicle after it was intercepted, he was unable to identify them due to darkness.
The defence argued that no witness was able to place the accused persons at the scene of the alleged offences or link them to the distribution of the flyers.
It was further submitted that inconsistencies in the State's case were material, including testimony from a witness who disowned a written statement, alleging it was signed under pressure after prolonged detention.
According to the defence, the witness claimed he was tortured following arrest and only signed the statement in exchange for his release after spending several months in remand custody. He was later called to testify, where he allegedly gave evidence contradicting his earlier statement, prompting the State to seek his declaration as a hostile witness.
The witness, however, maintained in court that he did not know any of the accused and could not place them at or near the alleged crime scenes.
The defence further argued that the State had failed to identify the individuals who allegedly distributed the flyers, contending that without such identification, the prosecution's case collapses.
The State is yet to respond to the application for discharge.
Karembera has remained in remand prison for more than a year, while his co-accused were granted bail by the High Court.
The trio, who are being represented by lawyer Paidamoyo Saurombe, face charges of incitement to participate in a gathering with intent to promote public violence, breaches of peace or bigotry, in contravention of section 187(1)(a) as read with section 37 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
They all pleaded not guilty and denied allegations that they were present at Machipisa in Highfield, Budiriro and Glen View, where the alleged offences are said to have occurred. They further denied distributing flyers or inciting members of the public to participate in any unlawful gathering.
The State led evidence from four witnesses before closing its case, after which the defence filed an application for discharge, arguing that the prosecution had failed to establish a prima facie case.
The defence submitted that the evidence presented was insufficient, unreliable and inconsistent, and that no reasonable court acting carefully could safely convict the accused persons on the available testimony.
One of the key State witnesses, Superintendent Edmore Runganga, testified that he observed flyers scattered at Machipisa shops but did not witness anyone distributing them, nor could he identify those responsible.
He further told the court that he saw a Toyota Aqua in Budiriro allegedly linked to the distribution of the flyers, but conceded that he could not identify its occupants. The witness also stated that while three individuals fled from the vehicle after it was intercepted, he was unable to identify them due to darkness.
It was further submitted that inconsistencies in the State's case were material, including testimony from a witness who disowned a written statement, alleging it was signed under pressure after prolonged detention.
According to the defence, the witness claimed he was tortured following arrest and only signed the statement in exchange for his release after spending several months in remand custody. He was later called to testify, where he allegedly gave evidence contradicting his earlier statement, prompting the State to seek his declaration as a hostile witness.
The witness, however, maintained in court that he did not know any of the accused and could not place them at or near the alleged crime scenes.
The defence further argued that the State had failed to identify the individuals who allegedly distributed the flyers, contending that without such identification, the prosecution's case collapses.
The State is yet to respond to the application for discharge.
Karembera has remained in remand prison for more than a year, while his co-accused were granted bail by the High Court.
Source - newsday
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