THE 39 touts, vendors and kombi drivers arrested in Harare in connection with the violent clashes that occurred in the central business district at the weekend have been granted free bail after the State failed to lead compelling evidence in opposing bail.
by PAIDAMOYO MUZULU
Eight people, including two Harare municipal traffic police officers, were allegedly injured when the kombi crews fought running battles with traffic enforcement agents over the issue of dropping and picking up commuters at undesignated places.
Magistrate Elijah Makomo, in giving his ruling, admonished the prosecution by trying to portray the case as serious without providing sufficient evidence to back up the allegations.
The magistrate blasted the investigating officer for a shoddy investigation into the matter.
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“The officers were pathetic in giving their evidence, as they did not even know the names of those injured. The officers even failed to identify the names of the officers who identified the accused,” Makomo said.
“The evidence exposed the officers as clutching at straws in trying to oppose bail and cooked-up a story.”
The court noted that the police just arrested the accused with no evidence of having seen them committing the offence.
“There was nothing that showed what the accused did during the riot or where they were arrested. This was simply a dragnet arrest and I, therefore, find no compelling reasons why the accused should be denied bail,” Makomo said.
Prosecutor Idah Maromo had earlier argued that the accused were facing a serious charge and there was overwhelming evidence against them, thus they would be induced to flee if released on bail.
The matter was remanded to February 8.