We give you updates of the court proceedings at the Harare Magistrates’ Court where activist Evan Mawarire is appearing on charges of subversion, plots to remove a constitutionally-elected government, abuse of the national flag and inciting public violence.
LATEST: The magistrate has remanded in custody to 17 February and has advised him to apply for bail at the High Court.Mawarire was arrested at the Harare International Airport on Wednesday on arrival from the US after six months in self-imposed exile.
The state is represented by Edmore Nyazamba as the lead prosecutor, assisted by Tapiwa Kasema while Mawarire is being defended by human rights lawyers Harrison Nkomo and Jeremiah Bhamu and the magistrate is Elisha Singano.
Nkomo has said Mawarire appreciates the charges placed before him but has complaints against the police. He says the accused was detained by nine intelligence officals at Harare International Airport who refused to identify themselves and continued to interrogate Mawarire in violation of his Constitutional rights.
The prosecution has highlighted the charges against Mawarire and the defence lawyer Nkomo has argued that Nyazamba has not convinced the court why Mawarire should be placed on remand.
Said Nkomo:”… the facts so far placed before the court do not establish a case for Mawarire to be placed on remand …Mawarire is opposed to be placed on remand”
Nkomo quoted a Supreme Court judgement of 1991, which states that ‘undoubtedly an accused person is entitled to challenge the power of placing him on remand”
Nkomo added that the facts before the courts do not show an offence to have been committed by Mawarire and that the process being undertaken by the state was is abuse of authority” Said Nkomo, ” Mawarire’s actions do not constitute an attempt to remove a constitutionally elected government as required by section 22(2) of the Constitution.”
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