High Court judge, Justice Priscilla Chigumba has today (Wednesday) acquitted ThisFlag founder and cleric, Pastor Evan Mawarire on charges of attempting to subvert a constitutionally elected government of former President Robert Mugabe.
In her ruling, Chigumba said the state had failed to lay concrete evidence to prove that Mawarire wanted to subvert and overthrow the government using unconstitutional means.
“The accused did everything he did within his rights that is freedom of expression and freedom of association individually or collectively towards peaceful ways of demonstration according to the Zimbabwean constitution,” said Chigumba.
She added that evidence used by the state could not prove the allegations that Mawarire instigated violence to his audience saying there was nothing violent in prayers.
“In the evidence videos that were provided there is nowhere we saw the defendant instigating or inciting violence to his audience. Instead the accused reiterated on citizens to desist from violent acts and advised people to pray for the country. There is nothing violent in prayers i believe,” said Chigumba.
In an interview with 263Chat, an excited Mawarire expressed sadness that Zimbabweans have to go through court processes to have their rights respected.
“I am absolutely elated that I have been discharged on both charges. The whole journey has been absurd I should not have been in the dock at all. I should have never been here, I should have never been in this dock, the case never had legs from the beginning,” said Mawarire.
His lawyer, Harrison Nkomo hailed Chigumba’s ruling, applauding her precision concerning citizen’s rights.
Charges against Mawarire have a jail sentence of up to 30 years if found guilty. Mawarire became popular with ThisFlag movement in 2015.
