(Last Updated on January 11, 2021 by GERALD NCUBE)
HARARE – Magistrate Lazini Ncube has rolled over Hopewell Chin’ono’s case to tomorrow(Tuesday) morning following the submissions made by the defence and prosecution teams in a case where he stands accused of “communicating falsehoods.”
Chin’ono was arrested in Friday for commenting on a video which alleged that a police officer had struck a baby with a baton stick and the baby died.
The Defence team led by Harrison Nkomo are arguing that the State is using a “non-existent” law to prosecute the accused citing that the provision they are referring to was struck off by the Constitutional Court in 2014.
However, the State is opposing the request for removal from remand by Chin’ono and his legal team on the basis that the said provision has not been declared invalid under the new constitution.
“His statement was published and it undermines public confidence in the police, ” added the prosecution in it’s argument.
Commenting after the court session, Chin’ono said the current situation showed why there was a need to align laws with the constitution.
Further stating that such loopholes were left to be exploited in the persecution of those critical of the government.
“There is nothing that I can do, it is just the way the courts are operating. But I hope that there will be sense at the end of the day because it is an open and shut case that the law being used to charge me is unconstitutional…
“And this is why we always say that there is a need to align the laws with the new constitution, there is a need for political reforms. It also refers to these kinds of things, these loopholes are left in order to persecute those that say things that are deemed to be unfavourable to the present government,” said Chinono.