LAYWERS representing Citizens Coalition for Change (CCC) politician Jameson Timba and 77 other party members yesterday filed an application for discharge before Harare magistrate Collet Ncube after the State led evidence from eight witnesses.
In the application, the defence argued that being merely part of a gathering is not in itself an offence since innocent participation in a gathering is not prohibited.
The defence lawyers submitted that an individual who was merely present at the gathering and did not intend to promote violence cannot be guilty of this offence.
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.
The lawyers further submitted 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.
The lawyers argued that State witnesses reluctantly conceded that the alleged utterances do not constitute an act of violence, since merely chanting: “Chamisa Woyee” does not in any way amount to 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 Thursday for judgment.
The group is being represented by Agency Gumbo, Lazurus Mbereko, Jeremiah Bamu and Webster Jiti.
Lancelot Mutsokoti represented the State.