MDC–T deputy national chairman Morgan Komichi’s bid for freedom yesterday hit a brickwall after High Court judge Justice Hlekani Mwayera ruled that the magistrate who denied the outgoing Transport deputy minister bail did not misdirect herself.
PHILLIP CHIDAVAENZI
Justice Mwayera said a perusal of the record of proceedings before Harare magistrate Anita Tshuma – who remanded Komichi in custody on July 30 – showed that she properly juxtaposed the administration of justice with Komichi’s freedom.
In dismissing the appeal, Justice Mwayera said the findings of the Magistrates’ Court were “well–pinned on the principle of bail” as provided for in the Criminal Procedure and Evidence Act that the right to individual liberty should not be allowed to stand in the way of the administration of justice.
“There must be a misdirection on the part of the lower court (for the magistrate’s decision to be reversed), but the magistrate properly analysed the facts presented before her and came to the conclusion that releasing the appellant would endanger public safety,” she said.
Tshuma denied Komichi bail on the basis that he would interfere with State witnesses and that the political environment ahead of the July 31 harmonised elections was tense.
Komichi’s lawyer Andrew Makoni, however, argued that the only witness he was aware of, identified as Michael Phiri, was his only alibi, so interference with him would not be in his best interests.
He also said since the investigating officer in the case, Chief Superintendent Crispen Makedenge, had said there was “overwhelming” evidence against Komichi, so there was no way he could interfere.
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In response, the State — represented by law officer Edmore Nyazamba — said the charges Komichi was facing attracted imprisonment without the option of a fine and his alibi was “a fictitious person” of unknown abode.
He also said there was need to protect the credibility of the electoral process in the country.
Komichi is alleged to have contravened Section 85 of the Electoral Act Chapter 2:13 which criminalises taking, destroying or opening a pack of ballot papers without authority after he was allegedly found in possession of a stray ballot on July 25.
He allegedly told Zimbabwe Electoral Commission officials that an unnamed person had picked up the envelope with the ballot papers at the Harare International Conference Centre.
