Reprieve for Komichi

HARARE - MDC chief elections officer Morgen Komichi’s sentence will not be altered after a High Court judge dismissed the State’s application seeking pardon for late filing of appeal papers.

Justice Felistas Chatukuta dismissed the request on Wednesday, after hearing the matter in her chambers.

Komichi’s lawyer, prominent human rights lawyer Alec Muchadehama, confirmed to the Daily News that the State’s request had been dismissed.

Michael Mugabe from the Attorney General’s office had filed an application to the High Court, seeking permission to challenge Komichi’s sentence of performing 350 hours community service, arguing the punishment was lenient.

Komichi was ordered to perform community service at Mabelreign Clinic last November after Harare magistrate Tendai Mahwe found him guilty of fraud and contravening the Electoral Act.

Mahwe initially sentenced Komichi to 18 months in prison, before suspending eight months on condition of good behaviour.

The other 10 months were suspended on condition Komichi performs 350 hours of community service.

Muchadehama has since successfully applied for the deferring of the community service sentence pending the hearing of Komichi’s application challenging his conviction and sentence.

Komichi was arrested in July last year after he presented to the Zimbabwe Electoral Commission (Zec), a ballot paper envelope he allegedly received from one Michael Phiri.

According to State papers, the ballot paper was picked up from a dustbin at the Harare International Conference Centre (HICC), the electoral body’s command centre.

The court heard that Komichi approached Tendayi Pamire seeking to have audience with Zec chairperson Rita Makarau after a ballot envelope was found in a rubbish bin outside the command centre.

The State claimed that Komichi accused Zec of destroying ballot papers of members of the uniformed forces who voted for the Morgan Tsvangirai-led MDC.

According to State papers, the envelope belonged to Mugove Chiginya, a police officer, who was supposed to have voted for the MDC in the Southerton constituency.

The court heard that Chiginya, however, failed to vote during the special voting period.

On July 28, Komichi was arrested by the police at his Bluff Hill home in connection with the retrieved ballot paper.

Comments (1)

Icho chiMichael Mugabe ndiBobo chaiye.Asi hapana chisingaperi.Gaddafi akaenda nenyaya idzi, Hitler Hunzvi akaenda, Manyika wakaenda

Pfumo - 31 January 2014

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