Court denies Komichi access to V11 forms

A HARARE magistrate yesterday dismissed an application by MDC vice-president Morgen Komichi to have access to V11 forms for him to prepare for his trial as the State concedes the documents had already been destroyed by the Zimbabwe Electoral Commission (Zec).

BY DESMOND CHINGARANDE

Komichi, who appeared before magistrate Elisha Singano is facing allegations of disrupting the announcement of the July 30 Presidential election results.

The MDC senior member, who is represented by Obey Shava and Jeremiah Bhamu, had approached the court to force the State to supply him with a police running diary, V11 forms and minutes of the meeting held on August 2 before the announcement of the results.

In dismissing the application, Singano ruled that Komichi did not specify why he needed the running diary

Singano said the V11 forms were not necessary in the trial as Komichi is facing a charge of interrupting the announcement of the result.

He also ruled that Zec denies ever holding a meeting before the announcement of the results with election agents of various political parties and he cannot direct an order for minutes of a meeting which never took place. After delivering his ruling, Singano recused himself from the case, saying he had other duties and another magistrate Ruramai Chitumbura took over the proceedings. However, Shava unsuccessfully applied for a postponement, saying the rights of the accused to have a fair trial is being violated.

But prosecutor Michael Reza told court that the V11 forms had been destroyed by Zec in accordance with Section 73 (3) of the Electoral Act which states that the residues must be destroyed after 14 days of the election.

In denying the offence, Komichi told court that he was surprised to hear Zec officials announcing results before adhering to the agreed verification process.

“Komichi did not stop them from announcing those results of figures. He let them continue as he did not want to disturb what was going on. After Zec officials took an adjournment, Komichi seized the opportunity to advise the people who were in the room that what Zec had done was contrary to what was agreed upon,” Shava said.

“He only advised the people that the results which had been announced by Zec were not genuine and had not been verified by his MDC Alliance party.”

However, Reza called first witness Phineas Gutu a ZBC producer who told the court that he was not in the room when the election results were being announced, but he was in the outside broadcasting van.

He told court that he only heard that Komichi stood in front where the Zec commissioners were seated.

The trial is expected to continue on November 16.

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9 Comments

  1. it was over a long time ago morgan docs are not kept forever if you are obsessed with v11s wait for the ones in 2023 and request for them on time now that you have learnt a lesson

  2. Wezhira Wezhara

    This is a sign that besides having lawyers in their ranks, including the lawyer who represented him in this trial, all MDC people are ignorant of the law. Firstly they do not know for how long election residue is kept and secondly they cannot appreciate the irrelevance of V11 forms in a case disrupting the election process. How does he want to rebut the allegations using the V11 forms? And to make matters worse he leads a party with 2,1 million voters. Shame

    1. Why would election petition take more more than two months to be resolved?
      Why was he taken on the same day and charged ? Zimbabwe ‘s courts are a farce
      as they are Zanu throughout!!

  3. shunguhadziurayi mangarayi

    Do youn know what komichi means? It means a maetal cup which when empty makes a lot of noise. Just fill it with water or mud kkkkkkkkkkkkkkkkkkky

    1. Kkkkkk! This Komichi is one hell of person who is shallow-brained, but has still made it to be MDC vice-president. This say a lot about the MDC.

  4. Zanu has hidden and destroyed the evidence in matter that they know has interest before the courts… Zanu lied about mega deals , now oil… Selling peopel false hope. God will judge all liars #godisinit

  5. It’s a common trick widely employed by leaders of political parties to elevate the less-intellectually gifted to positions of deputies.It’s particularly for self-preservation.In addition, in a political setting where tribal and ethnic loyalties and allegiances can tip some delicate balances, the likes of Komichi, whose base could in all likelihood be some urban, farming or mining establishment,that pulling power automatically falls away and that’s comfort for the leader.Might want to recall Zvobgo’s tribal/ethnic stronghold in Masving province.

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