Citizens Coalition for Change (CCC) activist and former Mkoba North legislator Amos Chibaya has been absolved of incitement to public violence charges following a magistrate’s ruling on insufficient evidence.
Court Dismisses Case Due to Lack of Substantial Proof
Harare Provincial Magistrate Tapiwa Kuhudzai granted Chibaya’s discharge application after the state failed to present compelling evidence. The decision came at the close of the prosecution’s case, which relied entirely on testimony from four police officers.
Magistrate Kuhudzai noted critical inconsistencies in the state’s evidence, particularly regarding video evidence that was never produced in court. “The testimonies contained discrepancies about the number of videos referenced, and without this crucial evidence, the court cannot establish guilt,” Kuhudzai stated in his ruling.
Defense Exposes Flaws in Prosecution’s Case
Chibaya’s legal representative, Chris Mhike, successfully argued that the state had failed to establish a prima facie case.
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“The evidence presented was neither incriminating nor reliable,” Mhike contended. “Critical video evidence mysteriously disappeared, while witnesses failed to demonstrate any criminal conduct by my client.”
The defense highlighted that key prosecution witnesses, including Harare Magistrates Court officer-in-charge Ropafadzo Mutapiri, admitted under cross-examination that they couldn’t identify any unlawful actions by Chibaya.
Mutapiri acknowledged that the politician had actually assisted authorities in crowd control during the event in question.
Judgment Upholds Due Process Rights
In his decisive ruling, Magistrate Kuhudzai emphasized that continuing the trial would violate Chibaya’s constitutional rights. “Proceeding with the defense case without credible evidence would be unjust,” he declared before formally acquitting the opposition figure.
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This verdict represents another high-profile legal victory for CCC members, coming amid ongoing political tensions in Zimbabwe. Legal analysts suggest the ruling underscores the importance of concrete evidence in criminal prosecutions, particularly in politically charged cases.
The outcome has been celebrated by Chibaya’s supporters as vindication against what they characterize as politically motivated charges, while state prosecutors have yet to indicate whether they will appeal the decision.
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