THE 15 Citizens Coalition for Change (CCC) activists, who were arrested in Budiriro for allegedly participating in an unsanctioned gathering, have been acquitted.
The 15 were part of a group of the 25 activists who included former MPs Amos Chibaya and Costa Machingauta.
The group was being represented by Chris Mhike and Kudzai Kadzere.
In her ruling, Harare magisrate Sharon Rakafa said all the State witnesses failed to link the 15 to the alleged offence, noting that some were arrested when they were doing personal errands which had nothing to do with the alleged meeting.
She said none of the witnesses saw the accused wearing CCC T-shirts or chanting party slogans, adding that the State had to prove that the accused persons acted together with their alleged accomplices to disturb public peace.
Rakafa further ruled that without evidence, the accused are entitled to be discharged.
She, however, fined Chibaya US$50 for defaulting court following the State’s application that his bail should be revoked.
Rakafa said the prosecution was supposed to call police officers to testify in court to cement the State case’s, but it did not.
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She noted that the affidavits that were tendered in court were dated July 5, but Chibaya defaulted court from July 18.
In the application for discharge, the defence argued that all the State witnesses who testified conceded that even if it should be found that some of the accused chanted slogans and sang, the chanting of party slogans and singing does not constitute a crime under Zimbabwean law.
The matter will be back in court for trial continuation on October 18.
