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Rituals team acquitted - Prosecution and defense in rare consensus
Rooftop Promotions
March 22, 2011

The Rituals team that was arrested on 5 January 2011 and detained for two nights has been acquitted today after a marathon trial that began around 9am and ended well after 4pm with two adjournments for tea and lunch in Court E at the Mutare Magistrate's Court. The ten were represented by Cosmos Chibaya advised by Blessing Nyamoropa instructed by Zimbabwe Lawyers for Human Rights in this case which is a landmark case in terms of freedom of artistic creativity. They initially appeared in court on the 17th of March with defense applying for exception which the magistrate dismissed today hence the case went for trial.

In his verdict, the Magistrate presiding over the case - Mr. Nickson Mangoti said: "After hearing evidence by all state witnesses and after listening to the submissions by the defense counsel I agree with both the state and defense counsel who, in a rare case, have agreed that there is no evidence that this reasonable court can convict the accused persons. Even a court not acting carefully cannot convict the accused in this case so the court is left with no option but to find you (the accused) not guilty. You are free to go."

After 3 witnesses, the state was asked to close its case but before that, defense applied for discharge of the accused persons in terms of the Criminal Procedure Act Section 198(3) which provides that if at the close of the case for prosecution, the court considers that there is no evidence that the accused committed the offence charged or any other offence which he or she might be convicted, it (the court) shall retain a verdict of not guilty. "The court's hands will be tied and it cannot do without retaining the verdict of not guilty "where there is no evidence from which a reasonable court, acting carefully might properly convict" or "where the evidence before the courts is so manifestly unreliable that no reasonable court could safely act on it", said Cosmos Chibaya in parts of his submission for a discharge.

"It is common cause that the accused were brought to court on allegations of criminal nuisance. All 3 witnesses agreed, during cross-examination, that the accused persons performed their drama from start to end without any interruption during the performance and police officers were present during the performance. First and second witness stated that they were aware that they have the mandate to arrest a suspect when there is reasonable suspicion that they have committed an offence yet the accused were only arrested pursuant to the orders of Inspector Chasara, the Officer-In-Charge at Cashel Valley after star witness suggested that the team accompany him to then station for verification. It is important to note that the evidence led by the state did not prove that the drama which they acted was not the one approved by the Censorship Board hence without evidence, the state's case is in limbo", stated Blessing Nyamaropa in support of his learned colleague.

The Public Prosecutor, Mr Fletcher Karombe, who was turned into defense during the trial, then said, in closing the state case, "I would not want to waste the court's time. Your worship, you know that the evidence submitted before this honorable court falls short. In other words, I agree with what has been said by learned colleagues", and that was it, the magistrate ruled that they were not guilty.

Speaking after the trial, the producer of Rooftop Promotions Daves Guzha lamented that, "This was really a waste of not only court time but our time as well considering that the state's case was heavily loaded with opinion and not fact. The costs we have incurred so far in attending to this case are not amusing considering that we were merely doing our job as artists and complementing the inclusive government objectives of national healing, reconciliation and integration under Article VII of the GPA with a play that has a valid censorship certificate. The culture of running fiefdoms, politicizing and criminalizing artists for their creativity will not move us from our career paths. We remain steadfast, committed and deeply rooted in our organizational mission of promoting artistic initiatives and striving for freedom of expression".

From his outline, the star witness, the investigating officer Mashambandizvo Shadreck Hapaori a sergeant with Police Internal Security Intelligence at Cashel Valley Police Station said he arrested them for what they did or said in the play and interestingly enough what they did or said is part of the approved "Rituals" script and it appears that the police were charging characters of an approved play.

"They arrested and tried to have the actors prosecuted for the conduct of characters of an approved play not their personal opinion and I resisted the urge to object and suggest that the play be staged in the court reminding myself that I was not part of the defense counsel" says the Rooftop Promotions Marketing & Sales Executive Tafadzwa Muzondo who attended the court case.

"In his testimony before the court, the star witness says that the play attracted motorists, people seated in verandah's of shops, commuters waiting for transport, vendors and passersby and made a big crowd but my question is, how does an offensive play attract people, gets performed from start to end and actors are only arrested after initially being asked to accompany the police officers to the station. Although I am happy that the guys have been acquitted, something that was quite predictable anyway, we are contemplating our next move after this." said Daves Guzha.

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