Pro-democracy campaigner Haruzivishe Makomborero has filed a notice of appeal at High court against his conviction and sentence on charges of inciting public violence and resisting arrest by law enforcement agents.
According to Zimbabwe Lawyers for Human Rights, an law firm representing Makomborero, In his notice of appeal filed by Kossman Ncube and Obey Shava of ZLHR, Makomborero argued that the judicial officer grossly erred in convicting him based on its application.
Makomborero also argued that the evidence on the court record did not demonstrate at all that he whistled and incited public violence or that he resisted arrest by Rayson Davison, a police officer.
Haruzivishe also argued that Magistrate Taruvinga misdirected herself by totally failing to apply her mind to the fact that the evidence led during trial failed to support the allegations placed in the state outline and the charge sheet in that the police officer who was supposedly resisted by the pro-democracy campaigner as indicated in the state papers plainly refuted having arrested him.
The pro-democracy campaigner who was sentenced 14 months in prison also submitted that Magistrate Taruvinga erred and grossly misdirected herself in imposing a custodial sentence on him and that the sentence was excessive, inappropriate and shocking and should instead have considered the option of imposing a fine.
Haruzivishe wants the sentence imposed by Magistrate Taruvinga to be set aside and substituted by a sentence of paying a fine of RTGS $50 000 in respect of each count, failing which he will be imprisoned for a period of 3 months for each account.
