Harare magistrate, Barbara Chimboza yesterday dismissed pro-democracy activist and #ThisFlag founder, Evan Mawarire’s third application for refusal of remand, saying the cleric must be patient considering progress made by the State.
BY DESMOND CHINGARANDE
Mawarire is being accused of trying to subvert a constitutionally-elected government and inciting people to commit public violence.
The State, represented by prosecutor Sebastian Mutizirwa, applied for the postponement of the case to May 31, saying they had received the docket only yesterday, which was sent back to station for further management and would forward it to the National Prosecution Authority (NPA) for perusal.
Mutizirwa further said the NPA may choose to indict Mawarire earlier.
But Mawarire’s lawyer, Harrison Nkomo, opposed the application, saying the defence had been patient enough to wait since February 28 this year when the State announced that it would be ready for trial.
Nkomo said a period of 40 days from yesterday to May 31 would jeopardise Mawarire’s right to live a normal life before trial. He further said the State must place sufficient reason for the postponement, saying the same reasons had been placed before the court during all three refusal of remand applications.
During his previous refusal of remand application, Nkomo argued the State was prejudicing and frustrating his client before the trial.
He also submitted that due to the State’s delay in providing a trial date, his client was incurring more costs of hiring him in this harsh economic environment.
According to the State, between July 13 and December last year, Mawarire posted videos on social media inciting people to revolt against a constitutionally-elected government. The State alleges Mawarire urged Zimbabweans not to go to work and incited violence.