Citizens Coalition for Change Legislator for Zengeza West Job Sikhala through his lawyers has filed a bail application on change circumstances today.
Sikhala is facing allegations of defeating or obstructing the course of justice over claims he sought to mislead police officers investigating the abduction and murder of Citizens Coalition for Change activist Moreblessing Ali.
However, the State will respond to Sikhala’s bail application tomorrow and Harare Magistrate Feresi Chakanyuka remanded the matter to 25 November for bail ruling.
Sikhala’s Lawyer Thabani Mpofu told the court that the bail application on changed circumstances is proper because of the lapse of time, he went on to say considering the time of Sikhala’s arrest it afforded the state time to complete it’s investigations and since the investigations are now complete there is no chance that the accused person can interfere with the state witness.
He also submitted that considering that the charges are largely based on the incitement charge, his co-accused Godfrey Sithole and also the Nyatsime 14 were granted bail warranting the consideration of his bail.
Mpofu added that the state have no evidence of eye witnesses as claimed before by the state since all 3 witnesses are now diverting from the charge that Sikhala posted the video on social media.
The Defense counsel also told court that one witness by the name Kuda Mandiraga said he downloaded the video, Hardwork Matizi also said he watched the video on social media and Eliot Muchada abandoned the statement that the accused person circulated the video’s on social media.
He later on said the matter is now ripe for trial.
Sikhala’s defense council also submitted conditions that the Magistrate must consider when granting the accused bail.
Mpofu said, “ The release of the accused is the only just cost and must be released on conditions that he is not to interfere with the state witness, pay bail of ZWL$50 000 to the clerk of court, report once a week at St Mary’s Police Station and also continue to reside at his given home address and his passport is already with the clerk of court.”
After the defense submission State Prosecutor Kennedy Madekutsikwa highlighted that they are going to file a written response by lunch time tomorrow.
“This matter has already been referred to trial court i need to consult with the trial prosecutor and make my own assessment regarding this matter, i intend to file a written submission tomorrow by lunch time and the response will be in full addressing all the issues raised by the defense counsel,” said the State.
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