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Citizens Coalition for change Legislator Job Sikhala freedom bid has once again flopped after Harare Magistrate Tafadzwa Miti dismissed his bail application on changed circumstances saying Sikhala is an unrepentant criminal and has the propensity to reoffend.
Sikhala is accused of inciting public violence to avenge the death of slain CCC activist Moreblessing Ali who was murdered by an alleged Zanu PF member Pius Jamba.
Miti ruled that her court is bound by the judgement made by the superior court which is the High Court which previously turned down all Sikhala’s appeals.
She also ruled that equal treatment to accused persons that are jointly charged is necessary because equality is a fundamental right to all persons, however the case may not be treated the same if one accused person has a pending trial, health issues , personal issues related to the offence, if a person is bound to abscond or reoffend.
“Circumstances are different from the co-accused person and 14 others and this does not warrant the granting of bail, the accused is distinguishable from the 14 because he is on bail on similar offence and the fact that he was arrested more than 63 times to similar offence is enough proof that he is an unrepentant criminal and is not a suitable candidate for bail.
Miti added that lapse of time were denied by the court before and therefore it does not warrant the granting of bail of the accused person. She further highlighted that the application to bail on changed circumstance was an abuse of court because neither new facts were raised but the same facts that were used before in another changed circumstance were also used in the hopes for a different outcome.
“The granting of bail will jeopardise the Criminal Justice System therefore, the granting of bail on changed circumstances is therefore dismissed,” said Miti.
Last week the Nyatsime 14 were granted bail and also Sikhala’s co-accused Godfrey Sithole was granted ZWL$50 000 bail.
Sikhala’s trial is set for tomorrow the 24th of November at 09.00.
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