HARARE - A Harare magistrate yesterday freed Paul Gorekore, accused of assaulting MDC deputy treasurer-general Elton Mangoma, on $100 bail after ruling that the State’s case was weak.
Magistrate Tendai Mahwe remanded the matter to March 19. Mahwe said the investigating officer Shadreck Rego failed to prove that Gorekore was of no fixed abode.
“The court should always lean in favour of the accused where it does not jeopardise the interests of justice,” Mahwe said. “The investigating officer failed to justify that the accused was of no fixed abode.
“The State’s case is weak and there is no reason why the accused person should be denied bail.”
Elton Mangoma after the attack.
Gorekore initially appeared before Mahwe last week after days of evading police. This followed the arrest of five of his alleged accomplices on the same charge.
Gorekore is jointly charged with Francis Mafimbidzofa, 38, Enock Mukudu, 31, Stefani Tafadzwa Jahwi, 36, Samson Tumai Nerwande, 41, who were also released on $100 bail, and James Chidhakwa, who has been denied bail.
During his bail application, Rego said Gorekore was a flight risk because he had fled from the police.
“Accused person is likely to abscond court proceedings considering that he was on the run for a couple of days and ran away from a detective on the day of his arrest, only to be apprehended by members of the public,” Rego said.
Rego said Gorekore was likely to face another charge of perjury.
“He also has pending cases of murder and public violence, and is likely to face a further charge of giving false information to the police after he lied about his residential address and other important information,” Rego added.
In his defence, Gorekore claims he could not go to the police station in time because he had visited Population Services in Mbare due to a medical condition. He said he intended to surrender himself to the police on the day he was coincidentally arrested.
State prosecutor Sharon Mashavira unsuccessfully opposed bail on the basis that Gorekore was of no fixed abode and was likely to interfere with witnesses at Harvest House if released on bail.
Mashavira alleged that on February 15, Gorekore, Mafimbidzofa, Mukudu, Jahwi, Nerwande, Chidhakwa and others who are still at large, reportedly waylaid Mangoma outside Harvest House and assaulted him using open hands and clenched fists.
Mangoma’s spectacles valued at $300 were damaged in the attack.
It is the State’s case that the accused persons also tore Mangoma’s shirt before he was whisked away in opposition leader Morgan Tsvangirai’s vehicle.
A medical affidavit produced in court states that Mangoma sustained moderate injuries and there was no likelihood of permanent injuries.