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Incarcerated Pro Democracy campaigner Makomborero Haruzivishe appealed at High Court against his conviction stating the sentence was egregiously inappropriate and the court should instead fine him.
Haruzivishe wants the sentence imposed set aside and replaced with a sentence of paying a fine of RTGS$50 000 in respect of each count, failing which he will be imprisoned for a period of 3 months for each count.
His appeal comes after 10 days of being jailed for 14 months for inciting public violence and resisting arrest.
Zimbabwe Lawyers for Human Rights posted the filed application by his lawyers to the High Court.
“In his notice of appeal filed by Lawyers Kossam Ncube and Obey Shava argued that the judicial officer grossly erred in convicting him based on its application of circumstantial evidence to the extent that the evidence on the court record did not demonstrate at all that he whistled and incited public violence or that he resisted arrest by Rayson Davison, a police officer.”
Haruzivishe also argued that Magistrate Taruvinga mis-directed herself by failing to apply her mind to the fact that the evidence led during trial failed to support allegations placed in the state outline and the charge sheet in that the police officer who was supposedly resisted by the pro-democracy campaigner as indicated in the state papers plainly refuted having arrested him.
Makomborero further argued on his sentencing stating it was
excessive , while other options should have been put into consideration.
“Magistrate Taruvinga erred and grossly misdirected herself in imposing a custodial sentence on him and that the sentence was excessive, inappropriate , shocking and should instead have considered the option of imposing a fine,” reads the application.
Haruzivishe charged that Magistrate Taruvinga should have considered the option of imposing a community service.
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