Fresh charges for Pastor Ewan Mawarire, no court appearance today, lawyers hopeful about tomorrow

Pastor Evan Mawarire’s lawyers have just advised that Pastor Evan is facing additional charges of

  1. Insulting the national flag to brand criminal activities and
  2. Wearing the flag while subverting the government,

The Pastor is already facing charges of subverting a constitutionally elected government.  He was arrested last night after he returned to Zimbabwe for the first time after 6 months in exile in the United States.  He is expected to appear at the Magistrate’s court today.  We have been advised by one of his lawyers Advocate Fadzayi Mahere that he will not be appearing in court today as the police are not ready with their paperwork.  She is hopeful that he will make his court appearance tomorrow.

Here is the warned and cautioned statement for the additional charges:

Harare Central C. R 02 /2017

CID LAW AND ORDER DR 04 02 16

WARNED AND CAUTIONED STATEMENT

 

I Evan Mawarire NR 63-982396-0-12 residing at____________________ Harare, having been informed by Detecivetive Chief Inspector Runganga of CID Law and Order, Harare that enquiries are being made in connection with a case of Insulting the flag of Zimbabwe in contravention of section 6 of the Flag Of Zimbabwe Act, Chapter 10:10 which occurred in Harare during the period extending from January 2016 to July 2016 where it is alleged that I insulted the Zimbabwe National flag by using it to brand my politically motivated criminal activities and each time when I addressed or incited the public or my followers to revolt against a constitutionally elected government by urging all workers not to go to work and carry out demonstration, I would wear the Zimbabwe National flag in circumstances which were calculated to show disrespect for the flag or to bring the Zimbabwe National Flag into disrepute in contravention of the said Act, make this statement of my own free will. While I have been informed that I am not obliged to say anything in answer to these allegations, my failure at this stage to mention any facts relevant to my defence to them may result in a court drawing inferences against me. Whatever I say will be put in writing and may be given in court as evidence.

You are also advised that you are entitled to the following rights:-

• To appear before a court within 48 hours unless further detention has been authorized by a competent court.

• Not to be forced to make a confession.

• The reason for detention.

• To approach the High Court for an order of Habeas Corpus i.e an order requiring you to be released, or to be brought before the court for the lawfulness of the detention to be justified.

• To be considered innocent until proven guilty.

• To be informed promptly of the charge in sufficient detail to enable you to answer it. Question: Have you understood the caution and do you wish to say anything?

Answer: Yes.
Accused’s reply.

 

 

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