THE bail application for the two suspected witches, who were arrested in Harare’s Budiriro suburb early this month, is now set for tomorrow after the High Court yesterday deferred the matter due to the absence of a State counsel.
REPORT BY SENIOR COURT REPORTER
Justice Joseph Musakwa yesterday moved the matter to tomorrow after being advised that there was no representative from the Attorney-General’s Office. Only the suspects’ lawyer Tawanda Takaindisa was present.
Last week the suspected witches, Maria Moyo (30) and Chipo Chakaja (26), through their lawyers, filed an urgent bail application seeking their release saying they were suitable candidates for bail.
They were two weeks ago remanded in custody by a Mbare magistrate who ordered them to undergo psychiatric examination to establish their mental status.
Takaindisa’s earlier attempt to have them granted bail hit a snag after the court ruled that there was no change of circumstances to warrant granting them bail.
The lawyer went on to say his clients would plead “not guilty” to the charge of engaging in a practice commonly associated with witchcraft, but would admit they were possessed with supernatural powers, which he argued was not a crime.
“Applicants will further tell the court that if their conduct of being possessed with supernatural powers was an act of criminality, then all the pastors, bishops and priests who are miracle workers, possessed by spirits beyond their control would also be committing offences daily,” he said, adding that the fact that his clients were found in possession of an owl was no different from being found in possession of a hen.