The students were accused of contravening Section 37 of the Criminal Law (Codification and Reform) Act after they allegedly staged a demonstration at the institution. ??
The state alleged that the students instigated the protests after misrepresenting to their colleagues that the Ministry of Higher Education had directed that students at all state universities and other tertiary schools must be allowed to sit for their examinations but would not get their results until payment of the fees in full. ??
Prosecutors said this was false and contrary to instructions by university authorities to students to pay up all outstanding fees or they would be banned from writing examinations.
The court acquitted the bulk of the students, upholding an application by the learners lawyer Tawanda Zhuwarara to discharge his clients at the end of the states case.
The court ruled that the state had failed to directly implicate 21 of the 28 students but said that seven other BUSE learners including student leader Joshua Chinyere should have a case to answer.
On Tuesday, Zhuwarara filed an application for the discharge of the seven remaining students on the basis that the evidence led by the state was contradictory, unreliable and insufficient. ??
In his application for discharge Zhuwarara stated that the witnesses statements were inconsistent, insufficient and an attempt to create and fabricate evidence. ??
The court reserved ruling on the matter to July 30, 2010. ??
Meanwhile, 10 National University of Science and Technology (NUST) students, who were also accused of breaching Section 37 of the Criminal Law (Codification and Reform) Act by participating in a demonstration held at the institution in April 2009, were last week removed from remand.
Post published in: News