Haruzivishe appeals against conviction, says magistrate misdirected self

Today, pro-democracy campaigner Makomborero Haruzivishe filed notice of appeal at High Court against his conviction and sentence on charges of inciting public violence and resisting arrest by law enforcement agents.

In his notice of appeal filed by Kossam Ncube and Obey Shava of the Zimbabwe Lawyers for Human Rights, Haruzivishe, who was imprisoned to serve 20 months in jail by Harare Magistrate Judith Taruvinga on 6 April, argued that the judicial officer grossly erred in convicting him.

He said based on its application of circumstantial evidence to the extent that the evidence on the court record did not demonstrate at all that he whistled and incited public violence or that he resisted arrest by Rayson Davison, a police officer.

Haruzivishe also argued that Magistrate Taruvinga misdirected herself by totally failing to apply her mind to the fact that the evidence led during trial failed to support the allegations placed in the state outline and the charge sheet in that the police officer who was supposedly resisted by the pro-democracy campaigner as indicated in the state papers plainly refuted having arrested him.

According to ZLHR, the pro-democracy campaigner also submitted that Magistrate Taruvinga erred and grossly misdirected herself in imposing a custodial sentence on him and that the sentence was excessive, inappropriate, shocking & should instead have considered the option of imposing a fine.

Haruzivishe charged that Magistrate Taruvinga should have considered the option of imposing a community service.

Haruzivishe wants the High Court to set aside Magistrate Taruvinga’s decision & pronounce him not guilty & acquitted of both counts.

ZLHR maintains that in the event that his appeal against conviction is dismissed, Haruzivishe wants the sentence imposed by Magistrate Taruvinga to be set aside & substituted by a sentence of paying a fine of RTGS$50 000 in respect of each count, failing which he will be imprisoned for a period of 3 months for each count.

-Zwnews