The bail application hearing for the 68 protesters arrested over public violence continued yesterday with the investigating officer, Raphel Chakama, confessing he was not on duty when the suspects were arrested.
BY MARY TARUVINGA
As lawyers, including Harrison Nkomo, Musindo Hungwe, Trust Maanda, Obey Shava, Walter Chivore, Ashiel Mugiya and Jeremiah Bamu, continued grilling Chakama, he told the court he was relaxing at home on the day in question.
“I cannot comment on how the suspects were arrested. I was not on duty on that day and I was actually resting at home. The arresting details have information on that,” Chakama said, adding he had no evidence linking the suspects to the burnt truck.
Rounding off cross-examination, Chakama said a number of officers were working on the case and his colleagues were going to give detailed evidence when the trial commences.
Prosecutor Sebastian Mutizirwa did not go on to re-examine the witness, as the prosecutor handling the matter, Michael Reza, was reportedly engaged in another court.
Mutizirwa asked to have the case adjourned to the afternoon so that Reza could re-examine his witness, which did not go down well with the defence lawyers.
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Nkomo argued it was not fair to continue pushing the case forward, as the suspects were languishing in remand prison awaiting bail finalisation.
“The prosecutor must not be allowed to disregard an order, he asked that the case be adjourned to 11:15am today, but he was nowhere to be found. He must not be allowed an opportunity to adjourn the case to his desired time. I apply that he be called now or we proceed without him,” he said.
Magistrate Tendai Mahwe ruled in favour of the defence, saying Reza’s conduct was contemptuous and the prosecutor lost an opportunity to re-examine Chakama, who was immediately excused.
Ruling on the matter was rolled over to today.
