Helen Kadirire • 17 August 2013 8:44AM • 3 comments
HARARE - Movement for Democratic Change (MDC) chief election officer Morgen Komichi yesterday made another bail application citing changing circumstances, but ruling on his fresh application will be handed down on August 26.
His defence counsel Charles Kwaramba said since elections were over and the president-elect was due for swearing-in, the court should reconsider Komichi’s plea to be released from remand prison so that he can be tried from home.
Kwaramba said since there was no longer a likelihood of public despondency which was cited as the main concern, Komichi should be released.
“There was relative tranquility throughout the election period with no public disorder as they might have anticipated,” Kwaramba said.
“We believe that since all that has come to pass; I pray that he be released on bail.”
State prosecutor Edmore Nyazamba however opposed bail arguing that investigations were still underway and Komichi was likely to interfere with witnesses.
Magistrate Anita Tshuma set his bail ruling for August 26 and his trial date for August 27.
Komichi, 49, is being charged with fraud and contravening the Electoral Act after he presented to the Zimbabwe Electoral Commission (Zec), a ballot paper he had found in a dustbin at the HICC National Command Centre.
Allegations are that on July 25 at HICC, Komichi approached Tendayi Pamire asking to have an audience with Zec chairperson Justice Rita Makarau after he had found a ballot envelope in a rubbish bin outside the Command Centre.
Komichi alleged that Zec was destroying ballot papers of members of the uniformed forces who voted for Tsvangirai and his MDC party.
The said envelope is alleged to have belonged to Constable Mugove Chiginya, a police officer supposed to have voted for the MDC in his Southerton Constituency.
The court heard Chiginya did not vote during the specified special voting period and surrendered an SV2 form to his superiors to indicate that.
On July 26, Chiginya’s finger was examined using an ultra-violet light detector and no traces of voting ink were detected.
On July 28, Komichi was arrested by police at his Bluffhill home.