Opposition activists Joana Mamombe and Cecilia Chimbiri who are being accused of faking their abduction have applied to have their matter refered to the Constitutional Court on the grounds that they feel their rights were violated.
The duo’s lawyer, Jeremiah Bamu led his witness (also applicants) to testify in court in arguing the basis of their application.
Bamu told the court that the applicants were apprehended in Warren Park during a demostration and ordered to drive to Harare Central Police.
“We were driving and saw a Toyota Noah which was trailing us all the way back.
“We were ordered to park near TM which is opposed Harare Central Police upon arrival in the CBD after the officers had told us that we were under arrest,” Mamombe told the court.
She also told the court that officers then ordered them to disembark from their car and taken into a Toyota Noah which was driven inside the Harare Police station .
“We were then told that they were going to take us back to Warren Park where the crime was committed,” added Mamombe.
In responding to Bamu’s question that if she was notified of the crime she was being accused of upon arrest, Mamombe said no and neither did the police officers formally introduced themselves to her.
The court heard that the applicants were tortured and driven away near a Muchapondwa business centre in Bindura where they were dumped.
The applicants were taken to hospital for medical examination and later reported the matter to the police.
“The applicants may say that through the Police Spokesperson, Assistant Commissioner Paul Nyati, there was widespread news that the police had arrested the applicants, such press included Daily news, The Herald,” Bamu submitted.
Bamu further stressed out that the charges being levelled against Mamombe and Chimbiri are violating their rights to freedom.
“The submission is that it is paramount that the court must consider the applicants request since it is not frivolous.”
State Prosecutor, Michael Reza however argued that if the defense were to tender in articles attached to the affidavit they should follow the procedure and call editors of the papers where articles were taken from.
However, Bamu shot back and said that their submission is that the matter has come before the court for determination and issues of freedom of expression are still covered in the present constitution.
“The right to freedom of expression is a fundamental right and no one can be stripped of that privilege,” he said..
Hearing continues on Tuesday.
