Citizens Coalition for Change leader, Jameson Timba, and 65 party activists will remain in jail. A Harare magistrate, Collet Ncube, ruled they have a case to answer for allegedly participating in an unlawful gathering.
The 66 were jointly charged with 12 others, who were acquitted at the close of the State’s case on Wednesday.
However, Ncube found the entire group not guilty of the disorderly conduct charge.
The group, called the Avondale 78, was arrested in June for allegedly holding an unsanctioned gathering at Timba’s residence.
Prosecutors claimed the meeting became violent when police officers arrived to check on the gathering.
Ncube ruled the police acted properly by investigating what was happening at the residence.
However, he stated that charging the group with disorderly conduct was wrong because they were in a private space.
The magistrate noted the arrests were indiscriminate, with some individuals unrelated to the gathering also arrested.
These are the 12 who were acquitted.
Police confirmation of unrelated people on the road strengthens the defense of those acquitted.
The court ruled that these individuals cannot be placed on defense and were acquitted on the first count.
“The remaining defendants will proceed to the defense case,” ruled Ncube.
The magistrate noted that the prosecution failed to prove Sean Timba, Jameson’s son, was part of the meeting.
He observed that Sean was delivering a Father’s Day gift and wasn’t seen on the premises.
“The fact that it was Father’s Day adds credibility to Sean’s defense.”
No evidence was provided to prove Sean’s involvement in any criminal activity.
Others acquitted include Violet Chitsindi, Simon Size, Calvin Charumapasi, and Redeem Mandizvidza.
Additional acquitted individuals are Tatenda Mukwembi, Tawanda Mukucha, Prince Madhena, Wisdom Nyama, Tobias Mangwayana, and Lucia Kandemiiri, a tenant at Timba’s residence.
Timba’s trial continues this Friday, with the court conducting an inspection at his residence.
His lawyers argue that police invaded private property, damaging Timba’s home in the process.
Sheila Mupindu is leading the prosecution.
