Former Zengeza West Member of Parliament Job Sikhala has been fined US$500 and also given a wholly suspended 9-month prison sentence after his conviction last week for communicating falsehoods prejudicial to the state.
This is over his social media post accusing police of killing a baby strapped to its mother’s back.
But his lawyers say the judgement has no foundation and is not sound.
“We disagree with judgement. It has no foundation at law. It’s not sound. This law no longer exists.
“It’s wrong for a court to convict with a law that no longer exists. That law is dead. How does it resuscitate?’ said lawyer Harrison Nkomo on Feresi Chakanyuka ruling.
In this case, prosecutors allege that he communicated falsehoods by posting on his social media that a police officer had struck a baby dead with a baton stick while enforcing road regulations.
Magistrate Feresi Chakanyuka ruled the State had proved its case beyond reasonable doubt.
“The Facebook page contains the accused’s name and face.
“The utterances align with the accused’s political rhetoric.
“The State laid out a prima facie case which required the accused to respond.
“However the accused only opted to invoke his right to silence. The court is convinced that the evidence before the court points to one thing, the Facebook page belongs to the accused.
“In our law, the State has to prove beyond a reasonable doubt. The State does not have to close every avenue of doubt.
“Therefore the accused published the prejudicial statement which was meant to undermine the authority of the ZRP.
“Therefore the accused is found guilty of communicating falsehoods,” she ruled.
Zwnews
