24 CCC Activists Bail Application Fails To Kick Off As Minor’s Defence Seeks Separation Of Trial

Harare Magistrate Yeukai Dzuda has postponed the matter of 25 Citizens Coalition for Change activists, after Justice for Children Lawyer Pamela Musingwa who was representing the minor submitted that the court must consider clearing the gallery or separate the trial of the minor.

CCC lawmaker Amos Chibaya together with 23 others and a 17 year old minor were arrested on Saturday after they had gathered at CCC Budiriro lawmaker, Costa Machingauta’s place of residence for a private meeting.

They are facing allegations of gathering with an intent to promote public violence.

Dzuda postponed the matter to tomorrow for ruling. She said, she needs time to look into the submissions made by the minor’s defence counsel and other defence counsels.

Musingwa submitted that according to the Children’s Act Section 5 (6) which states that, ’At any sitting of a children’s court no person shall be present unless…….’ She also suggested that instead of clearing the gallery the court must separate the minor’s trial from the other 24.

The state did not oppose the defence counsel submission of clearing the gallery but was in contrary with the separation of trial.

“The court must separate the minor from major that’s why the state said the minor must be released on free bail because she is a minor but it is not in the interest of anyone to traumatise the child, to be asked questions in front of strangers.

“The state agrees entirely with the defence that the gallery must be cleared and state opposes the separation of trial of the minor.”

However, Chris Mhike Lead Lawyer of the other 24 activists, said the minor rights must be protected but not at the expense of other accused persons.

“Minor must be assured that the gallery is cleared when giving evidence, but the counsel speaks as if he is the law by saying the separation of trials is not favoured by the law, Section 69 (1) states that, ‘Every person accused of an offence has the right to a fair and public trial within a reasonable time before an independent and impartial court.’

He added that, to clear the gallery in respect of the other 24, violates their right to a fair and public trial.

The matter will be back in court tomorrow at 11.15 for ruling.