By Costa Nkomo
Pro-democracy campaigners Samuel Gwenzi, Namatai Kwekweza, and Robson Chere spent another night in jail after their bail application was rolled over to Wednesday before Harare Magistrate Ruth Moyo.
Their bail application hearing only covered the cross-examination of the state’s key witness and Investigating Officer Willard Bamala.
Vusumuzi Moyo, who was previously part of the group, applied for his case to be separated and also secured a new lawyer. His bail hearing is scheduled for today.
Bamala, the state’s primary witness, presented his testimony against the three accused.
However, Bamala’s testimony proved to be riddled with inconsistencies. Despite his 16 years of service in the force, his cross-examination by Jeremiah Bhamu, one of the accused’s lawyers exposed significant gaps in his knowledge. He struggled to provide clear answers to simple yes or no questions, often resorting to vague responses like “We are still investigating” or “I cannot deny nor confirm.”
At one point, Magistrate Moyo adjourned the court, inviting both the state and the defence for a briefing.
Bamala claimed that the state has video footage of Namatai Kwekweza chanting abusive words and singing at Harare Magistrate Court in solidarity with Jameson Timba and others on June 27, 2024, after they were denied bail.
However, this was even though Kwekweza was in South Africa on that day. When questioned by Bhamu about personally viewing the video and identifying Kwekweza, Bamala stated that the footage was with the police cyber lab.
Bamala also mentioned that the police were pursuing another video from immigration at RGM Airport, claiming it would aid their investigation. Yet, despite arresting the suspects a week later, they had not yet obtained this footage, citing network problems.
Regarding Kwekweza, Bamala insisted she was on the run and the police were in search of her.
However, when pressed for specific dates and locations of their search, Bamala remained evasive, simply stating that another team had been dispatched but had not found her.
Bhamu then presented medical documents showcasing Kwekweza’s recent dental procedure at a local clinic, close to her residence, along with a recommended one-week bed rest.
He inquired if this behaviour was consistent with someone on the run, to which Bamala responded with “I don’t know.”
Similarly, when interrogated about Robson Chere, who was absent from Tuesday’s court appearance as he was receiving medical treatment from state doctors following a brutal assault during his arrest the previous week, Bamala asserted that Chere had not mentioned the assault during an interview at CID Law and Order.
He also claimed that he had not observed any signs of severe assault. Consequently, he was unaware of Chere’s need for urgent medical attention.
However, Chere’s injuries were visible during his initial remand appearance. He could not sit or walk properly, and his clothes were stained with blood.
The court was informed that without immediate medical care, Chere’s kidneys were in danger of serious damage. The torture inflicted on Chere allegedly included state agents cutting off his dreadlocks with a knife.
Bhamu pointed out to Bamala that he seemed oblivious to essential details of the accused’s case. He again inquired whether Chere was also on the run and if the police had waited a month to arrest him. Interestingly, Chere was already reporting to CID Law and Order every Friday for a different case, which Bamala appeared unaware of.
Regarding Samuel Gwenzi, Bamala claimed the existence of a video showing him singing slogans, chanting Citizens Coalition for Change (CCC) party slogans, and using abusive language. However, Bamala couldn’t recall a single abusive word Gwenzi uttered during the alleged offence. When pressed by Bhamu, Bamala admitted he hadn’t seen the video personally, but had only been told it was at the police cyber lab.
When Bamala argued that the accused should be denied bail due to being a flight risk, Bhamu questioned his reasoning. He pointed out that the charges against the accused carried a mere US$15 fine if found guilty. In such circumstances, would the accused flee? Bamala maintained his opinion that the accused would run away if granted bail.
Earlier, Bamala had claimed the accused shouldn’t be granted bail due to having interests outside the country, but he failed to specify what those interests were.
Furthermore, Bamala argued that the accused should be denied bail because they might commit similar offences if released. He claimed their motive hadn’t been fulfilled since Timba and others remained incarcerated.
Bamala, who was obligated to testify against the accused, seemed to have little firsthand knowledge of the events leading to their arrest, as he was not part of the arresting team hence he misfired.
Following the cross-examination of the state’s key witness, the state requested a postponement of the bail hearing until this afternoon. Magistrate Moyo granted the request, despite the accused’s objection. They argued the state was using delaying tactics to keep them behind bars.
Anesu Chirenje prosecuted.
