Sibanda was arrested after police found a magazine with 30 live rounds of AK47 bullets, five rounds of FN rifle and another round of an unknown rifle from the roof of his toilet. According to information gathered from the police the toilet is about 40 meters from Sibanda’s homestead and is accessible by members of the community.
Defence lawyers have dismissed the case and were at the Kwekwe magistrate’s court applying for refusal of remand before Provincial magistrate and War Veteran Oliver Mudzongachiso. Lawyer Prayers Chitsa called on the state to remove Sibanda from remand arguing that he had no control over things found on the roof of a toilet which everyone had access to. He noted that the bullets could have been planted at the toilet by an enemy or another fugitive. This is a mere fishing expedition by the State, the defence lawyer said.
It is suspected that the CIO manufactured the case against Sibanda who had refused to be intimidated by violence in Zhombe and the death of one MDC supporter. Sources said Sibanda had a pasted a huge poster of president elect Tsvangirai at his homestead and had continued to mobilise support for the opposition ahead of the June 27 run-off.
Soon after his arrest his homestead was reduced to ashes. The investigating officer, Simbarashe Muhami, confirmed in court that the homestead had been burnt down by Zanu (PF) thugs. Muhami indicated that the magazines were expanded and could have been fired. The police were looking for the weapon. Chitsa said the duty of the police was to investigate and arrest and not to arrest then investigate. He then pleaded with the court to remove Sibanda from remand.
Mudzongachiso granted Sibanda free bail but refused to remove him from remand, saying the State had reasonable suspicion that a crime had been committed.
The State only needs to establish reasonable suspicion. It means that and no more, said Mudzongachiso in his ruling. Lennete Makande appeared for the State.
Post published in: News