MDC Alliance Chief Election’s officer Morgen Komichi only managed to file his application for discharge with the Magistrate’s court today (Monday) after proceedings had been stalled by the stay away that was underway, the court heard.
Komichi through his lawyer, Obey Shava had given notice to make the application of discharge at the close of the State’s case on January 14 and that is when the stay away was underway.
“We had agreed on the timeline to file our application but we were unable to meet the dates,” said Shava.
They went ahead to file their written submissions and the State led by Prosecutor, Michael Reza will file its response end of day tomorrow.
The court will make a ruling on January 24.
Komichi is being charged with contravening 186 of the Electoral Act which criminalises interrupting, obstructing or disturbing proceedings related to the announcement of the results.
Allegations are that on August 2 Komichi was at Harare International Conference Centre waiting for announcement of the 2018 poll results by Zec.
During a short break by the commission Komichi went to the podium reserved for Zec commissioners and grabbed the microphone before announcing that MDC Alliance disputed the election results while proceedings were being live-streamed.
It was alleged that Komichi said the results were flawed because MDC Alliance election agents were not asked to verify them. Komichi is alleged to have interrupted the electoral process by saying: “I did not sign those results, so the results are fake. The results have just been printed and they have not been verified by the polling agents.”