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Senior Court Reporter

HARARE magistrate Mrs Yeukai Dzuda is on Friday expected to make a ruling on the bail application for 26 CCC members in a matter they are accused of gathering illegally at the house of their party’s Member of Parliament for Budiriro with the intention of disturbing public peace.

The 26 mounted their bail application on the basis that their gathering was legal and needed not to seek authority from the police.

They claimed that they were holding a political organ meeting, which at law does not require them to seek authority from the police.

The CCC members also claimed in their bail application the meeting was being held at a private place, Budiriro MP Costa Machingauta’s residence.

They also alleged that the arrests were politically motivated as they were only targeted at those wearing yellow. Their lawyer said his clients were not flight risks and would abide by any bail conditions which will be imposed by the court.

Mr Zebadiah Bofu, appearing for the State with Mr Pardon Dziva and Mr Micheal Reza, in opposing granting of the 26 bail, said: “The seriousness of the offence might induce them not to attend court. There is greater incentive to abscond. They face a jail term of up to five years upon conviction although sentencing remains the discretion of the trial court.”

The State also wants to ensure none of the 26 interfere with witnesses.

Mr Bofu said the evidence given by two police officers will assist in shedding light on how the 26 were arrested.

They were arrested close to the house of Budiriro constituency MP Costa Machingauta, and he allegedly scaled the precast wall and only surrendered himself to police after three days due to pressure.

“Court should not find favour in that since it could be said pressure was mounting on him,” Mr Bofu said.

The police, he said, did not use the drag-net approach as the 26 claimed, as witnesses testified that the police were strategically positioned before making arrests.

He said the CCC members’ claims that their gathering was peaceful and legal, falls away as they were arrested at a time when they were rowdy, ululating, and disturbing peace in the process.

“Accused were aware and had foreseen commissioning of crime and chose to associate themselves in the criminal act and it should be apportioned to them. They had common purpose and participated or were reckless to see whether the crime would take place,” Mr Bofu said.

The 26 CCC members are Amos Chibaya, CCC national organising secretary, Wencelaus Nyamunokora, Taurai Mema, Rudolph Tsindi, Stabile Mlilo, Mukwada Monica, Misheck Nyembe, Nyemudzai Makwanya, Vimbai Dambaza, Chenesai Ndoro, Lilosa Nhanhanga, Faith Ngorima, Cleopatra Tapfuma, Lancelot Tungwarara, Shyla Zvomoyo, George Makwangwaidze, Wyclife Maramba, Rutsambo Siros, Masikasika Takemore, Aleta Virimai, Stanley Mangare and Dominic Chitahwe.

There is also a teenage girl who is also appearing with the CCC members.