Court dismisses CCC MP's bid to end public violence trial

The High Court has dismissed a review application by Citizens Coalition for Change (CCC) legislator for Makoni Central Patrick Sagandira and five co-accused seeking to overturn a magistrate's decision refusing to discharge them at the close of the State's case in a public violence trial.

Sagandira, together with Teddy Chipere, Adam Tumbewe, Molleen Chihota, Bruce Muswe and Taurai Dzuda, had approached the High Court after Rusape magistrate Barbara Mateko ruled that they had a case to answer.

The accused argued that the magistrate's decision was grossly irregular and unreasonable, maintaining that the prosecution had failed to establish a prima facie case against them.

They also contended that the State had relied on inconsistent and unreliable witness testimony and that the circumstantial evidence presented did not point to a single logical conclusion.

However, High Court judge Justice Vivian Dhlovu dismissed the application with costs.

"It is ordered that the application for the discharge of the accused persons at the close of the state case is dismissed with costs on an ordinary scale," Justice Dhlovu ruled.

According to the State, the alleged offences occurred on October 2, 2023, during the rerun of Ward 33 local authority elections in Nyazura, Makoni South constituency.

Prosecutors allege that after the Zimbabwe Electoral Commission (ZEC) announced the election results at St Jude's Primary School at around 9pm, Zanu PF election agent Vivian Mushunje was confronted outside the polling station by the accused and other alleged CCC supporters.

The State claims the group had gathered at the nearby residence of Tumbewe and Chihota before the incident.

Witnesses allegedly saw a purple and white Nissan NV350 dropping off unidentified supporters at the residence shortly before the confrontation.

The prosecution further alleges that Sagandira grabbed V11 election result forms from Mushunje and handed them to another individual who fled into the nearby yard.

When Mushunje pursued the individual, the State alleges she was assaulted after entering the property. Prosecutors claim she was slapped, tripped and repeatedly kicked before managing to escape.

The State further alleges that the group later proceeded to Nyazura Business Centre, where they confronted Zanu PF supporters while armed with hosepipes, wooden logs, metal bars, sticks, stones and catapults.

According to the prosecution, Sagandira allegedly ordered the assault, while Tumbewe allegedly threw soil into the victims' eyes before the group attacked them.

Court papers state that motor vehicles damaged during the alleged violence sustained losses estimated at ZiG$1.2 million.

The accused have denied the charges and remain on trial before the magistrates' court. The High Court ruling means the criminal proceedings will continue, with the defence now expected to present its case.