HARARE – Convicted MDC chief elections office Morgen Komichi has lost his second appeal against sentence and conviction after a Harare magistrate ruled that there were no prospects of success.
Komichi commenced his 350 hours community service at Mabelreign Clinic on Monday after he was convicted of fraud and contravening the Electoral Act.
Magistrate Tendai Mahwe dismissed the second appeal and said the courts were actually lenient to pass a non-custodial sentence.
“In an application of this nature, the main considerations are prospects of success which in this case are limited,” Mahwe said.
“The State managed to prove that accused person wanted Zec systems to look corrupt and for people to think that ballots were splashed in every bin at HICC.
“In light of such evidence, there are no prospects of success and the application is dismissed.”
Komichi’s lawyer Alec Muchadehama said he had filed the notice which the court required when the first appeal was dismissed.
His appeal was thrown out last week because his lawyer had not lodged an appeal with the High Court and Attorney General’s office.
“The notice is properly filed of record and the court should also take into account the grounds we raised in the notice of appeal,” Muchadehama said.
“Also a higher court may reach a different conclusion as they say its difficult for a court to re-look into its judgment.
“There is no possibility of accused person absconding as doing so may lend him back to prison. He has already commenced community service at Mabelreign Clinic, and once again, there will be no prejudice to the State.”
Prosecutor Michael Mugabe opposed suspension of the sentence.
“There are no prospects of success on an appeal of this nature. While the court sentenced accused to community service, in the eyes of the State it was actually on the lenient side,” Mugabe said.