By Staff Reporter
THE office of the prosecutor general has announced that it will be appealing against main opposition Citizens Coalition for Change activists Joana Mamombe and Cecilia Chimbiri’s acquittal.
The two were acquitted yesterday following three years of prosecution where they had been denying allegations of publishing falsehoods.
In a statement Wednesday, the National Prosecuting Authority said the state is of the view that the judgement was defective.
“The State will be appealing the decision of the High Court in the case of Joana Mamombe and Cecelia Revai Chimbiri versus the Chief Magistrate F Mushure NO and the State.
“The State is of the considered view that the judgment is defective for want of compliance with the High Court Act (Chap 7:06] as well as precedent which provides that another Judge must concur with the presiding Judge before the judgement is handed down,” the statement reads.
The state also feels if the judge who acquitted the duo was grossly misdirected and if it was to be presented before another judge, the two could not be acquitted.
“The State is also contending that the Judge grossly misdirected herself by interfering with the unterminated proceedings from the lower court as the termination of proceedings in this case was unjustified.
“Furthermore, the State is certain that another court presented with the same facts might come to a different conclusion,” added the statement.
Mamombe and Chimbiri were initially charged with their friend Netsai Marova who skipped the country.
The three alleged they were seized by state security agents who subjected them to torture and sexual abuse as punishment for staging an anti-government protest which their abductors equated to an attempt to overthrow government.