By A Correspondent| Citizens Coalition for Change (CCC) interim leader Jameson Timba and 77 party activists arrested on June 16 have been acquitted of charges of disorderly conduct.

The group faced allegations of unlawful gathering and disorderly conduct, with the State accusing them of throwing stones at police officers during their arrest. The accused had sought dismissal of the charges, arguing that they were not in a public space and, therefore, could not be charged with disorderly conduct or participating in an unlawful gathering.

Several of the accused claimed they were arrested while going about their daily activities near Timba’s house, with some asserting that the police used a dragnet arrest approach.

Magistrate Collet Ncube ruled that the State failed to prove the accused were in a public space, noting, “This court is satisfied that the gathering was inside the premises, not outside. This is contrary to the State’s evidence that it was outside No. 6 Downroad.”

Ncube emphasized the legal definition of public space, stating, “For this offence, the public space definition is essential to establish the offence. Timba’s residence does not qualify as a public space, and therefore, the charge cannot stand. There is no evidence to support the essential elements of the offence alleged by the State.”

The magistrate concluded, “I pronounce that they are all not guilty and acquitted on the count of disorderly conduct.”

However, on the charge of participating in an unlawful gathering, the magistrate noted that while the police were within their rights to make arrests, there was evidence suggesting that some of the accused were not part of the gathering and were caught in the crossfire.

The court acknowledged the individual defences of several accused, including Resca Munetsi, Violet Chitsindi, Simon Size, Calvin Charumapasi, Redeem Mandizvidza, Tatenda Mukwembi, Tawanda Mukucha, Prince Madhena, Wisdom Nyama, Tobias Mangwayana, and Lucia Kandemiri, and acquitted them on the first count.

The rest of the group will proceed to the defence case.