THE Citizens Coalition for Change activist and former Mkoba North legislator Amos Chibaya was yesterday acquitted of an incitement to commit public violence charge.
Harare provincial magistrate Tapiwa Kuhudzai acquitted Chibaya after his lawyer Chris Mhike applied for discharge at the close of the State case.
The State led evidence from four witnesses who are all police officers.
In his ruling, Kuhudzai said the evidence adduced the four witnesses did not suggest that Chibaya committed an offence.
He further ruled that the number of videos mentioned by Pangani Gwati was different from what Simbarashe Masaka said and they were never brought before the court.
The magistrate said in the absence of the videos, the court could not be convinced that Chibaya committed the offence.
“Proceeding with the defence case is tantamount to violation of the accused’s rights,” Kuhudzai said.
“The application for discharge is granted. The accused is found not guilty and is acquitted.”
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During the application for discharge, Mhike argued that the evidence before the court was not incriminating Chibaya and the video evidence which was supposed to be brought before the court had disappeared.
He said the defence applied for discharge because the State failed to establish a prima facie case against the accused.
Mhike further submitted that the so-called evidence was unreliable.
The first witness, who is the officer-in-charge at Harare Magistrates Court, Ropafadzo Mutapiri, told the court that she heard nothing on the day.
Mutapira said she could not tell the court what Chibaya said or did that could constitute a crime.
The defence also argued that Mutapiri tried to throw some mud at Chibaya, but failed to illustrate what it is that he did that could be deemed a crime.
“He made reference to election irregularities, but she conceded that there was no crime in commenting about elections or mentioning Zanu PF,” Mhike said.
“She confirmed that he was asked by police and National Prosecuting Authority to manage the crowd and he was successful in managing the crowd and that cannot be a crime.”
She further argued that another police officer from the information technology department failed to tender his evidence because his phone crashed and could not to locate the required video evidence.
