STATE prosecutors on Thursday told Harare magistrate Collet Ncube that a faulty laptop disrupted plans to file their response to Jameson Timba and 76 fellow CCC party members' application for discharge.
The State only managed to file its written submissions today.
In the application, the defence lawyers argued that being merely part of a gathering cannot be considered as an offence since innocent participation in a gathering is not prohibited.
They further argued that that the group must have committed a specified act together with others, this means a particular act committed within the course of that gathering must be alleged against the accused persons and the act must have been done or committed together with others.
In the application, the lawyers further submitted that in the event that a crime was committed, the possibility of causing disturbance of peace and security must have been reasonably foreseeable.
They added that the State witnesses claimed that they saw Timba addressing while peeping through an opening on the gate.
However, they said the possibility of all witnesses peeping through the opening was slim.
They argued that an application for an inspection in loco was made, however, the State opted, at its peril, to close its case before it could be done.
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The lawyers argued that State witnesses reluctantly conceded that the alleged utterances did not constitute an act of violence, since merely chanting: “Chamisa Woyee” does not in any way a prohibited act.
Timba and the activists have been languishing in remand prison since their arrest on June 16 while commemorating the Day of the Africa Child, according to party officials.
The matter was remanded to today for possible judgment. The opposition party activists are represented by Agency Gumbo, Lazurus Mbereko, Jeremiah Bamu and Webster Jiti. Lancelot Mutsokoti and Sheila Mupindu are representing the State.
