University of Zimbabwe law lecturer and International Socialist Organisation (ISO) general-coordinator, Munyaradzi Gwisai, and his five co-accused persons yesterday applied for acquittal in a case in which they are accused of having attempted to overthrow the inclusive government the Egyptian way.
Provincial magistrate Kudakwashe Jarabini set February 15 as the date for the ruling on the application after advising both the State and defence to file written submissions by not later than February 10.
The application for acquittal by the activists lawyer, Alec Muchadehama, was made after prosecutor Michael Reza closed the State case with the evidence of the officer commanding law and order Chief Superintendent Charles Ngirishi.
In his evidence, Ngirishi told the court he assigned Detective Sergeant Jonathan Shoko to attend to an ISO meeting on February 19 last year after gathering information from an informant that Gwisai and his colleagues were planning to undermine a constitutionally-elected government.
Contrary to Shokos earlier assertion that he had been monitoring the progress of the planned ISO meeting, Ngirishi said Shoko was not aware of the meeting, but he briefed him about it following which he tasked him to attend.
During cross-examination, Muchadehama produced three photographs and asked if Ngirishi recognised anyone on them to which he replied: Yes, Detective Sergeant Shoko is there, but I do not know what he is doing.
Reza also repeated the same question while re-examining Ngirishi by asking: You were shown the pictures by the defence, are you 100% sure that he is Shoko? to which Ngirishi again replied: I am very sure because I know him, and I identified him on the three pictures that were shown to me.
However, Ngirishi said he could not identify Shoko on the school group photograph that was also shown to him where Shoko allegedly appeared together with other students.
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During the trials last proceedings, Muchadehama had produced the same photographs, but these were disowned by Shoko who claimed they depicted a person who resembled him.
Muchadehama then put Ngirishi to task, for him to explain what charges were initially preferred against Gwisai and his colleagues upon their arrest and he gave a variety of answers.
Eventually Ngirishi said Gwisai and his colleagues were informed they were being charged with treason and subverting a constitutionally-elected government, charges which were later dropped by the State and substituted with conspiracy to commit public violence.
