By- Lawyers representing Citizens Coalition for Change (CCC) legislators Job Sikhala and Godfrey Sithole have abandoned their planned appeal against a magistrate’s ruling denying the two bail.
The two MPs facing charges of inciting public violence have now shifted attention to their earlier plea to be given State papers in order to prepare for their trial.
Sikhala and Sithole Thursday appeared before Harare magistrate Dennis Mangosi and were remanded to October 20 for routine remand.
Their attorney Jeremiah Bamu told the court that his clients were no longer interested in appealing Tuesday’s ruling denying them bail.
“The accused have made a decision not to go further with the appeal of the case from yesterday but will be requesting for the copy of the ruling handed out yesterday and full case document,” he said.
Bamu further indicated that although in terms of the law the State can give the defence papers two days before trial it was a short period to prepare.
He said his clients were anxious to prove their innocence.
Bamu told the court that he hoped the State would give him the papers and the video that is going to be used during the trial.
“We seek that the state makes an undertaking on record when they can give us the copy of the video to be used in trial in view of the right to a fair trial,” he pleaded.
The State has in the past promised to give them the papers but has not done so.
Bamu accused the State of delaying proceedings on the pretext that the video in question was still being analysed.
“The state indicated at the initial stages of the case they had submitted the video for forensic analysis and has taken them a long time. It is only fair for the accused to receive the video so they can submit it for analysis.”
“Except analysis cannot be done barely two days before trial therefore the accused should be notified before the trial,” he argued.
The State represented by prosecutor Lancelot Mutsokoti unrepentantly alluded to the fact that they would give the defence papers but should they fail, they were well within their rights.
“State will try to furnish them with the documents and video and if they can not it is still permissible by law,” said Mutsokoti.
The two are being accused of inciting public violence after the death of slain CCC activist Moreblessing Ali.