CITIZENS Coalition for Change (CCC) lawmaker Job Sikhala’s application for discharge has been dismissed by Harare magistrate Marewanazvo Gofa saying he has a case to answer.
Sikhala had applied for discharge at the close of State’s case arguing that the state had not proved any essential element of the crime, their evidence is manifestly unreliable and no court can make a conviction based on that and was supposed to be acquitted.
The State had argued that Sikhala disturbed investigations into Ali’s matter considering that the police were already investigating the murder.
However, delivering a judgement on Thursday, the magistrate said evidence presented before her shows that Sikhala still has some explaining to make.
“It cannot be said at this juncture that the state’s evidence from its witnesses is manifestly unreliable as required by case law for it to be rejected outright.
“Court cannot, therefore, ignore all this evidence, for the evidence calls for an answer from the accused person. Accordingly, the court finds that there is a prima facie case against the accused which requires an answer,” Gofa said.
Speaking after the judgement, Sikhala’s lawyer Harrison Nkomo said they will be filing an urgent appeal at the High Court.
“Naturally the accused is not happy with the outcome and does not agree with the magistrate. He has instructed us to file an application for a review of today’s judgement, “said the lawyer.
Sikhala has been in jail since his arrest in June last year and has failed to secure bail since then.
Sikhala is being accused of inciting violence to avenge the death of slain CCC activist Moreblessing Ali.