REQUEST FOR REMAND
Station: C.I.D. LAW AND ORDER HARARE Prosecutor’s Ref: C.R: 1695/05/2008
Section: C.I.D LAW AND ORDER HARARE. DR 08/5/08 C.R.B. No: 3883/2008
Investigating Officer: Mirimbo A. 043465T Prison No.
(Note: In the case of joint accused, all are to be included on same Request for Remand Form)
Accused: (full names, N.R/R.C., etc.) JENNIFFER WILLIAMS Â Â Â Age: 46 yrs
Arrested (date) 28th MAY 2008 Time: 1200hrs
Offence(s) – COUNT 1. C/S 31(a) (1) of the Criminal Law (Codification & Reform) Act Chapter 9.23 “publishing or communicating false statements prejudicial to the state”
COUNT 2. C/S 30 of the Criminal Law (Codification & Reform) Act Chapter 9:23 “causing disaffection among police force or defence forces
Allegation(s) – On (date) 28TH MAY 2008 at (place) CORNER JULIUS NYERERE AND NKWAME NKHRUMA AVENUE, HARARE the accused (state what the accused did) – SEE ANNEXTURE-
Evidence (state facts linking accused to the commission of crime/offence, e.g. accused was found in possession of stolen , radio, etc)
1. THE ACCUSED PERSON ON BEING ARRESTED WAS FOUND IN POSSESSION OF THE REMINDER OF THE WOZA MOYA NEWSLETTER/FLYERS IN HER CUSTODY.
2. ACCUSED HAD BANNERS/PLACARDS AND IN THE COMPANY OF OTHERS WHO CAN TESTIFY THAT THE FLYERS (WOZA MOYA) BELONG TO THE ACCUSED PERSON.
3. VEHICLE REGISTRATION NUMBER AAQ 7338, A NISSAN PATROL WHICH ACCUSED WERE USINGWAS RECOVERED.
4. ACCUSED FOUND IN POSSESSION OF BANNERS, PLACARDS AND FLYERS
Value of property stolen/potential prejudice (Frauds, etc.) $………N/Aâ€¦..Value of property recovered $…N/A
Bail – not opposed/opposed/on Police bail: Yes/No (If yes $ OPPOSED
Reasons for apposing bail are:
1. Accused has known record/previous conviction (state) YET TO BE CHECKED
2. Accused has pending cases at court (quote Station, C.R/CRB No.) BYO CENTRAL CR 1018/6/07 CRs 1018/06/04 AND CRB 310-2/07
3. Accused is likely to abscond (give reasons e.g. has no family, no house, etc) ACCUSED HAS VEHICLES, MEANS OF MOVING FROM ONE POINT TO ANOTHER WHILST EVADING POLICE AND ALSO TRAVEL DOCUMENTS TO LEAVE OR FLEE THE COUNTRY.
4. Accused is likely to interfere with evidence/witnesses (give reasons why you say so) WHEN THE ACCUSED WAS ARRESTED, SOME OF THER MEMBERS OF WOZA MANAGED TO ESCAPE WHILST IN POSSESSION OF THE COPIES OF THE WOZA MOY NEWSLETTER, EFFORTS TO LOCATE AND RECOVER THESE ARE UNDERWAY IF RELEASED, SHE IS LIKELY TO INTERFERE WITH PROCESS.
5. Accused is likely to commit other offences (give reasons): ACCUSED IS VERY ACTIVE LEADER OF THE WOZA, WITH THE APPROACHING PERIOD OF THE RUN OFF (ELECTIONS) SHE IS LIKELY TO KEEP ON DISTRIBUTING THE STATEMENTS AND THUS COMMIT THE SAME OFFENCES AS WELL AS OTHERS.
6. Any other reason(s): THE ACCUSED PERSON IS VERY INFLUENCIAL, SHE HAS GOT MANY SYMPATHISERS ALL OVER THE COUNTRY WHO HAVE GO SOME SAFE HOUSES. IF ACCUSED IS RELEASED, SHE IS LIKELY TO GO INTO HIDING AND IN THE SAME PROCESS EVADE POLICE.
Date investigation should be completed 16 June 2008 possible number of witnesses (8)
Date: 29/05/2008 Signature:â€¦â€¦â€¦â€¦â€¦â€¦â€¦..(Rank) D/A/Iâ€¦â€¦â€¦â€¦.(No.) 043465t
C.I.D. Law & Order Harare D.R. 08/05/2008 C.R.B. /08
Harare Central C.R. 1695/05/2008
ANNEXTURE OF ALLEGATIONS
C/S 31 (a) (i) of the CRIMINAL Law (Codification & Reform) Act 9:23 PUBLISHING OR COMMUNICATING FALSE STATEMENTS PREJUDICIAL TO THE STATE.
On the 28th May 2008 at the Corner of Kwame Nkhrumah Avenue and Julius Nyerere Way about 1200hrs, the accused person who is a leader of the Women of Zimbabwe Arise (WOZA) was arrested by police whilst carrying out a procession in which she was in possession of some flyers which she has been distributing in the street. In one of the WOZA Newsletter the message being communicated was “What is there to celebrate when Zimbabweans no longer have faith that their right to vote is respected? And we will ask them to face the fact that Mugabe as the leader of a so called ( liberation war party) has failed to deliver judicial justice. By refusing to release results timeously and unleashing violence on voters Mugabe has betrayed the one man vote ideal our heroes died for” statement s which are false and prejudicial to the State.
C/S 30 of the Criminal Law (Codification & Reform) Act Chapter 9:23 “CAUSING DISAFFECTION AMONG POLICE FORCE or DEFENCE FORCES.
On being arrested as per count one above, the flyer which accused was in possession and distributing, the WOZA newsletter also on a paragraph numbered 5 was communicating the following statement/information “that the uniformed forces realise that there is no peace in the absence of justice. We ask them to respect that Zimbabweans have voted for change and refrain from being used to perpetrate violence and to carry out injustices. When change comes, and it will come, WOZA will demand in audit of the civil servants, including the uniformed forces. We, your neighbours in our communities, know you for the things that you do, both good and bad. We will remember. Hear us loud and clear – your leaders may get generous retirement packages but you will be left to face the justice of the law and the anger of the people. When you see us in the streets, we come in peace with love in our hearts and you have the choice to respond likewise and allow us to do our work as mothers of the nation. Good actions will also be remembered and rewarded.” This statement is likely to cause disaffection among the Police force or the Defence Force as it is likely to induce the members to withhold their services or to commit breaches of discipline whilst trying to confirm with accused’s statement.