5 MDC petrol bomb suspects freed

5 MDC petrol bomb suspects freed

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By Lindie Whiz

A CHITUNGWIZA magistrate on Wednesday freed five opposition activists accused of throwing petrol bombs at the house of a ruling Zanu PF party official while he was asleep with his family.

Magistrate Geoffrey Gogo said prosecutors had failed to provide Phillip Mabika, 32, Peter
Chikwati, 45, Arthur Mizha, 52, Piniel Denga, 39, and Jacob Muvavi with a trial date within a reasonable time.

Prosecutors can still bring a case against the five men by way of summons, the magistrate advised.

The five, through their lawyers Alec Muchadehama and Andrew Makoni, both of Mbidzo Muchadehama, last week mounted a two-sided application for refusal of remand on the basis that there was no reasonable suspicion that the five committed the offence and refusal of further remand on the basis that the state had failed to provide them with a trial date within a reasonable time.

However, the magistrate dismissed their first application before granting their
apllication for refusal of further remand.

In his submission Muchadehama argued that the state case was weak since it was leading evidence of one Peter Chindodana who does not exist.

"Chindodana has appeared as a state witness in most cases that I dealt with and on all the cases he failed to attend court every time he was summoned," said Muchadehama.

Muchadehama also argued that the state has failed to prove the role played by each of the accused men.

"It is not clear how the accused were identified, it is said that the Zanu PF
official and his family were asleep, therefore they saw nothing," he said.

But the state prosecutors maintained that there was reasonable suspicion that the five committed the offence.

They urged the court to dismiss the application with contempt.
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