THE MDC-T’s chief elections agent Morgan Komichi (49) yesterday appeared in court facing fraud charges as defined under Section 136 of the Criminal Law (Codification and Reform) Act and another charge of contravening the Electoral Act after he was allegedly found in possession of “fraudulent” ballot papers.
PHILLIP CHIDAVAENZI
Lawyers representing Komichi, who is the MDC-T’s deputy national chairperson, told Harare magistrate Anita Tshuma that their client’s arrest and subsequent incarceration over stray ballots was a political ploy to cripple the party during the election period.
During the bail application, defence lawyers Andrew Makoni and Tarisai Mutangi argued that the allegations Komichi was facing were too insignificant for him to be denied bail.
“What you are interested in is ensuring that that the accused person remains in custody so that he doesn’t play his role (during the elections). It’s a political, not legal issue,” Makoni said. “He (Komichi) is also a key player in the election as he is the chief elections agent for the MDC–T party. These proceedings are happening at a key stage where he was supposed to play a key role.” Makoni said it was interesting that although Komichi had disclosed to the police that he got the ballot papers from one Michael Phiri, the police had not shown interest in pursuing him.
Makoni further argued that the accused person ought to have been the complainant with the Zimbabwe Electoral Commission (Zec) in the dock, explaining how such critical voting material could be found in a bin just outside their Command Centre at the Harare International Conference Centre (HICC).
The State, represented by Michael Mugabe and Jonathan Murombedzi, argued that admitting Komichi to bail would be tantamount to trivialising the offence and there was a likelihood that the accused person would abscond.
They further contended that Komichi was likely to interfere with State witnesses if released on bail and such a move would discredit Zec and the electoral process.
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Allegations against Komichi are that on July 25 at the HICC, he said a certain person brought to him an envelope which he said he had picked in a bin.
Komichi then presented the envelope to the complainant, Zec, and alleged that he had unsealed it out of curiosity. It is alleged that he discovered three ballots — for the Presidential, House of Assembly and local authority elections — in the envelope.
Komichi is said to have alleged that Zec officials were destroying ballot papers used by the police officers, which were in favour of MDC–T candidates during the special vote held from July 14 to 15. Bail ruling is on today.
