Opposition Citizens Coalition for Change (CCC) interim leader Jameson Timba and 77 party activists arrested on June 16 have been acquitted of disorderly conduct.
The group was arrested on allegations of unlawful gathering and also accused of disorderly conduct with the State alleging that they pelted police officers who arrested them with stones.
The accused had sought discharge arguing that they cannot be charged with disorderly conduct or participating in an unlawful gathering because they were not in a public space.
They also said the police used a dragnet arrest approach.
Some said they were arrested while going about their business near Timba’s house.
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Magistrate Collet Ncube noted that the State failed to prove that the accused were in a public space.
“This court is satisfied that the gathering was inside the premises not outside. This is contrary to the evidence by the State that it was outside No’ 6 Downroad.”
“Now what is public space,” he said before reading out the definition.
“This court’s understanding is that the definition exception is a private space.
“Entry into a private space is based on an invitation of the owner. For this offence, public space definition is essential to bring out the offence.
“Having defined public space this court’s view is that Timba’s residence is not a public space and the charge falls off as it cannot stand. There’s no evidence to prove essential elements of an offence as alleged by the State.
“The accused cannot be placed on their discharge on the count of disorderly conduct despite that there was pandemonium.
“I pronounce that they are all not guilty and acquitted in the count of disorderly conduct.”
On the count of participating in an unlawful gathering, the magistrate said when the police decided to arrest the activists it was lawful.
“Taking into account that it was a gathering which attracted people who did not reside at the premises, also considering that there was pandemonium, it creates a prima facie case.
“However, this court is cautious that there are a few whose defence was very clear in this case.
“Combination of facts in this court’s view convinces this court that some might have been caught in the crossfire and were not part of the gathering.
“The confirmation by the police that there were some people on the road adds credibility to these people’s defence (Resca Munetsi accused 10 who was collecting money in Avondale, Violet Chitsindi who had visited a friend, Simon Size who was looking for part-time jobs, Calvin Charumapasi a vendor, Redeem Mandizvidza who was distributing fliers in the area, Tatenda Mukwembi a driver, Tawanda Mukucha, Prince Madhena who was at the shops, Wisdom Nyama was passing by, Tobias Mangwayana a vendor and Lucia Kandemiri a tenant at Timba’s residence).”
“The finding of this court is that these cannot be placed on their defence in this count and accordingly they are found not guilty and acquitted in the first count.”
The rest of the group will proceed to the defence case.
