Biti Case Rolled To Tommorrow As State Witness Says His Arrest Was Lawful
State witness Chief Superitendent Jealous Nyabasa today (Wednesday) told the court that MDC Alliance principal Tendai Biti’s arrest at Chirundu border post was lawful as it was done on the Zimbabwean side.
Superitendent Nyabasa said this while responding to prosecutor Michael Reza where Biti appeared for his trial for contravening Section 36 of the Criminal Law Codification and Reform Act Chapter 9.23 for public violence and also contravening Section 66 (a) (1) of the Electoral Act Chapter 2.13 for announcing unofficial results.
“The accused was properly arrested while he was on the Zimbabwe side and brought to court in Harare ten hours after his arrest.
Arresting the accused without a warrant does not remove the lawfulness of his arrest.
From Chirundu to Harare we only stopped in Karoi to check tyre pressure.”
Responding to whether the police confiscated the accused persons’ mobile phone and switched it off, Nyabasa said this was done to protect him since he had indicated that he was receiving threatening messages from a Zambian number.
“His rights were clearly spelt out to him. However, we had two reasons for not allowing the accused to use his mobile phone to make phone calls.
The accused was saying he was receiving threatening messages from a Zambian mobile number so it was prudent to switch his phone off, and uphold his safety.”
The matter is set to continue tomorrow at 11:15hrs at Harare Magistrates court.
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