Komichi trial date finally set as lawyers prepare fresh bail appeal

A fresh bail application for Morgan Komichi, chief polling agent for the MDC-T president, will be filed at the High Court on Friday, when his lawyers will argue that circumstances have changed since the day he was first denied bail.


Defense lawyer Andrew Makoni told SW Radio Africa on Wednesday that Komichi’s case has now finally been set for trial beginning on the 27th August and ending on the 29th August, 2013.

Komichi, who is also the MDC-T Deputy National Chairperson, was arrested on 28th July this year and charged with ‘committing fraud’. The charges relate to ballot papers which he handed over to electoral commission (ZEC), after they were found dumped in a dustbin at the Harare International Conference Centre.

The venue was being used as a Special Vote processing centre and Komichi claims he found the ballots when he responded to an anonymous tip-off. But ZEC officials dismissed his version of events and accused him of tampering with ballot papers ahead of the July 31st elections.

Explaining why the fresh bail application will be filed on Friday, Makoni said: “We wanted to give the state an opportunity to really verify the details of one of the persons mentioned by Mr Komichi as having been the source of the material which he presented to ZEC.”

Komichi’s bail appeal was dismissed at the High Court last Thursday, following several postponements that were due to alleged “administrative reasons” and the state’s failure to submit their documents on time.

He has remained in custody while lawyers struggle to secure his release and a trial date. Makoni said the MDC-T agent’s spirits are high and he is confident he will be acquitted once the case goes to trial.

The hearing was initially set down for Tuesday August 6th at the High Court in Harare. But it was postponed until the next day.

High Court Judge Hlekani Mwayera postponed the case again on Wednesday August 7th, because the State filed its papers late and on the morning of the scheduled hearing.

The appeal was finally dealt with last Thursday August 8th, when the court decision to deny him bail was upheld and he remained in jail.

“He says that he is aware all this is just part of the struggle and one day he will be free,” his lawyer said. – SW radio Africa News

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