High Court Justice Erica Ndewere has reserved judgement on bail appeal by Zengeza West legislator Job Sikhala who was arrested and charged with inciting public violence.
Justice Ndewere said the Clerk of Court will advise defence lawyers and law officers when her ruling will be ready to be handed down.
Sikhala through his lawyers, Jeremiah Bamu, Advocate Eric Matinenga and Harrison Nkomo challenged an earlier ruling by the Harare Magistrates court which denied bail to the combative MDC Alliance deputy chairperson.
In his submissions, Sikhala told the court that Harare Magistrate Lazini Ncube made many omissions in handing down his bail ruling.
“State accused Sikhala of hiding in order to avoid being placed on remand but however this reason was not strong enough to deny him bail,” submitted advocate Matinenga.
He added, “the reliance on that reason is misplaced, the words used in Sikhala’s Masvingo High Court case where he was acquitted were more grave than the ones he is being charged for in the Incitement case.”
He also told the court that what Sikhala is facing today is a lesser offence compared to the Masvingo case to which has since been acquitted.
Advocate Matinenga also criticized the police press statement which he said did not give Sikhala a legal obligation to report to the police when no offence had been committed according to section 39A of the Criminal Procedure and Evidence Act.
