Activist Evan Mawarire who is accused of treason, yesterday appeared before Harare magistrate Lucy Mungwari applying to be placed out of remand.
Mawarire who was arrested on Wednesday was represented by prominent human rights lawyer Beatrice Mtetwa who challenged the court to uphold liberty and human rights, citing that the State is playing political games because it has no case against the accused.
State prosecutor Mirirayi Shumba told the courts that the accused contravened section 22 of the Criminal Law where he incited Zimbabweans to cause violence which resulted in the death of a law enforcement agent and looting.
“I apply that the accused be placed on remand,” said Shumba.
Referring to the video that the accused sent on social media, Shumba said it is clear from the facts that certain demands were made by the accused.
“It is clear from the facts that the accused ordered the Zimbabwean populace at large to stay away until demands are met.
“Those demands are that the government address economic challenges, pay workers in USD and remove the bond note. Unless those demands are met the general populace was to remain stuck at their homes.
“It is the State’s submission that it is those utterances that caused people to boycott their workplaces and cause civil disobedience,” said Shumba.
He added that there are four witnesses willing to testify against the accused which proves that there is solid proof against the accused.
Responding to the State accusation, Mtetwa said it is appalling
that the State is presenting a case referring to the evidence which they have not handed over to the magistrate to see, and are merely using an opinion of what they think the video said.
She then presented the video transcript to the magistrate which the State tried to object to but the magistrate over-ruled the objection and allowed Mtetwa to bring forward the evidence (video).
“It’s what is in the video that will assist the court to determine if any offence was committed.
“The court should note that in the allegations presented by the State, there aren’t any words of what the video actually says,” Mtetwa said.
“You (magistrate) entitled to know exactly what the accused said in the video. Without that video you cannot deduce if really the accused incited violence. The State is deliberately keeping the video from you your worship.”
Mtetwa maintained the accused cannot be placed on remand as he has a right to fully express himself and further-more the accusations levelled against are totally opposite from what he really said in the video.
Magistrate Mungwari said the court will indeed look at the transcript first and then give a ruling.
