Harare magistrate Denis Mangosi has ruled against Harare West legislator Joana Mamombe and MDC Alliance youth leader Cecelia Chimbiri bid for bail saying their application did not prove changed circumstances.
Mamombe and Chimbiri are being charged with violating COVID-19 regulations after they addressed a press conference outside Harare Magistrates’ court demanding the release of convicted MDC-A activist Makomborero Haruzivishe.
Magistrate Mangosi, in his ruling said that the duo are repeat offenders and their application did not prove changed circumstances.
“The state should further enquire weather the circumstances have changed,” he said.
In further dismissing the application, Mangosi said that the defence counsel had applied that the offence itself, is no-longer an offence to gather since regulations were relaxed, but insisted that “bail can be denied if the offence is repeated (propensity) in this case the accused committed the offence while they are on bail.”
He also cited the case of Takudzwa Ngadziore who was released on the same offence saying Justice Tapiwa Chitapi ruled that the ZINASU leader is just a youth while Mamombe is a law maker but still unrepentant.
Magistrate Mangosi also dismissed a point made by the duo’s lawyer Alec Muchadehama who had said the state had no evidence and that enthusiasm in the case had died.
Mangosi said the fact that a trial date had already been for the 5th of May 2021 proves that their counsel was just assuming that the state case was weak.
The matter has been moved to 26 April.
