THE High Court yesterday postponed to tomorrow the bail appeal for MDC Alliance deputy national chairperson Job Sikhala who is facing charges of inciting public violence ahead of the foiled July 31 protest.
Justice Ndewere then directed Bamu to approach Chief Magistrate Munamato Mutevedzi for the release of the record.
“You understand that normally, the magistrate who presided over the case has to go through the record again and sign for it before it can be released to you. You have to approach the chief magistrate and regularise that issue before the matter proceeds on Friday,” said Justice Ndewere before postponing the matter.
“The finding by the court a quo that appellant went into hiding for some time before he could be arrested is inconsistent with established evidence in that no evidence was adduced by the State of any effort to contact appellant for him to surrender himself to the police at any stage.“No evidence was adduced by the State that they made it public that they wanted the appellant in connection with any offence,” his lawyers are arguing.
“Even then, there is nothing ex facie the press statement that appellant was sought in connection with the commission of any offence.“Instead, he was being sought on account of being an activist, which in itself is not an offence.
“No legal obligation arises for one to surrender self to the police merely on account of being labelled an activist by the police,” Sikhala’s lawyers further argue.