I, Energy Mutodi NR 04-097577-M-04 residing at house number 1560 Charlotte Brooke, Borrowdale, Harare, having been informed by Detective Inspector Phiri of CID Law and Order, Harare that enquiries are being made in connection with a case of CAUSING DISAFFECTION AMONG POLICE FORCE OR DEFENCE FORCES AS DEFINED IN SECTION 30 OF THE CRIMINAL LAW (CODIFICATION AND REFORM)ACT, CHAPTER 9:23 ,in which it is alleged that on 6 August 2017, I posted on my facebook wall accessible by all facebook account holders an article realising that there is a real risk or possibility of inducing or causing the Defence Force to withhold their services, loyalty or allegiance or to commit breaches of discipline, the article contain the following words, “The role Zimbabwean army has played in nurturing President Mugabe’s rule can therefore not be over emphasised. Any successor without the backing of the army will therefore be rejected, irrespective whether they have liberation war credentials or nor these utterances which I made went viral through the internet which is accessible by the general public hereby 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?
Answer: Yes.
Accused’s reply in English.
I deny the charge. I deny in the strongest possible terms that any portion of my lawful political commentary constitutes a criminal offence.
My arrest is gross abuse of police powers and if the prosecution is proceeded with, it will also constitute the all too familiar abuse of prosecutorial powers by the NPA. I deny that any portion of my lawful political commentary could cause or induce disaffection in any member of the defence forces.
I also deny that any ordinary or reasonable member of the Defence Force could withhold their allegiance, loyalty or service as a result of my lawful political commentary. My facebook post is a general political commentary in the exercise of my constitutional right to freedom of expression and a similar right to participate in the political affairs of the country. The charge is an attempt at intimidating citizens from exercising the freedoms they are entitled to under the Constitution of Zimbabwe.
Signed
Energy Mutodi,
I, certify that the above statement was made freely and voluntarily by the accused who appeared to be in his sound and sober senses. He read it, adhered to it and signed it.
Recorded by 981629 M Detective Inspector PHIRI. M
Witnessed by
Detective Inspector MURIRA.B
Witnessed by (Lawyer)
At CID Law and Order, Harare
On 10/08/2017: Time 1200 hours.
Energy Mutodi’s warned and cautioned statement
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