D-DAY FOR MAMOMBE, CHIMBIRI
HIGH Court Judge Justice Webster Chinamora will today preside over Joana Mamombe and Cecelia Chimbiri’s bail appeal hearing in a case in which the two were recently arrested for allegedly undermining the authority of a police officer.
The politicians are contesting being denied bail by Harare magistrate Stanford Mambanje who ruled that it was not in the interest of justice to grant them bail.
Now, Mamombe and Chimbiri through their lawyers, have approached the High Court appealing against refusal of bail pending trial.
The State yesterday applied for time to file its attitude towards the appeal which is also expected to attract opposition from the defence in court today.
According to the High Court application, Mamombe and Chimbiri feel that the magistrate’s court misdirected itself by concluding that it was justified in denying them bail.
“The court a quo grossly misdirected itself in concluding as it did that the State had discharged the high standard set by the Constitution on showing that there were compelling reasons justifying the denial of bail when in fact a finding is not supported by evidence on the ground.
“The Court a quo grossly misdirected itself in denying appellants bail on the basis that the appellants might commit other offenses if granted bail, a finding which is contrary to both evidence and dictates of section 17 (3) (a) of the Criminal Procedure and Evidence Act (Chapter 9:07) as well as established case law on the subject binding the court a quo,” reads the application.
Mamombe who has no previous conviction is facing three other charges including subverting a constitutional Government, participating in a gathering with an intent to promote public violence, publishing or communicating falsehoods.
Her accomplice, Chimbiri has so far been nabbed for participating in a gathering with intent to promote public violence, breaches of peace and publishing or communicating false statements prejudicial to the State.
Mamombe and Chimbiri are currently detained at Chikurubi Maximum Prison.
They are expected back in court on February 18.