Harare High court judge Justice Webster Chinamhora Monday reserved judgement on bail pending appeal filed by Movement For Democratic Change-Alliance executive member Makomborero Haruzivishe who is serving a jail term following his conviction by the magistrate court.
By George Swarei
Haruzivishe was being represented by Kossam Ncube assisted by Obey Shava and Austin Muzivi appeared for the state.
The defense lawyer Ncube argued that the Magistrate court misdirected itself in arriving at Conviction and sentencing as the evidence from State witnesses was not corroborating, adding that his client should be granted bail as community service would have served justice in this matter.
The state representative Austin Muzivi stated that the accused incited vendors to throw stones at the police and resisted arrest.
Haruzivishe pleaded not guilty to charges of engaging in public violence and resisting arrest. The state claims that he mobilized vendors to fight against police, and is also alleged to have stoned some of the policemen who were arresting vendors in Harare Central Business District.
Police claimed in court papers that Haruzivishe “became violent and vicious shouting on top of his voice saying in Shona, ‘Munotisungirei? Munoda kutiwachisa chete’ (Why are you arresting us? You just want to fix us). He was later on overpowered by the police officers and was arrested.”
He However was convicted after a full trial. The appellant’s legal counsel Kosam Ncube told the high court that, “We do not agree with the decision of the magistrate court because we believe the facts upon which the court relied to arrive at the decision to convict could not support that decision. Therefore, it was a serious misdirection on the part of the court to convict him of those offenses.”
Harare magistrate Judith Taruvinga sentenced the former student activist to 24 months for inciting violence. Of the sentence, 10 months were suspended on condition of good behavior. On the second count of resisting arrest, Haruzivishe was sentenced to 12 months and of these, six were suspended on conditions he did not commit a similar offence.
Meanwhile after hearing submissions from both the state and the defence, justice Chinamora reserved judgment.