CITIZENS Coalition for Change (CCC) legislators Job Sikhala’s and Godfrey Karakadzai Sithole’s application challenging placement on remand has been dismissed by Harare magistrate Stanford Mambanje.
“The fact that the two accused consented to their initial placement on remand somehow showed that they agreed that there was a reasonable suspension,” said Mambanje in his ruling Friday.
He also went on to tell the court that words like revenge and avenge might be taken to have an inciting effect.
After the ruling, defence lawyer Jeremiah Bamu went on to submit written submissions for a new bail application on changed circumstances.
In the submissions which were seen by NewZimbabwe.com, Bamu argued that the fact that the State has not yet produced the alleged video in which Sikhala allegedly incited violence means that prosecutors have no basis to charge the accused persons.
“At the initial hearing, the applicants requested for copies of the video clip alleged for the purposes of challenging their placement on remand,” said Bamu.
“The State, led by Mr. Reza, indicated that this was a process that required time to accomplish and would be done in due course.
“To date, despite the lapse of more than forty-five days, the State has since failed to furnish copies of the video.”
Bamu also told the court that the publication said to have published the video clip has issued a confirmation that Sikhala did not record or post any video on their website.
“Zim Live has issued a written confirmation to the effect that first Applicant did not record and did not post any video on their website.
“In addition, he was not part of any recorded interview with them,” reads the written submissions.
Prosecutors said that they will file their written response on August 12 2022 and oral submissions will be made on August 15.