Const Chidakwa told the court that he picked one flier from the ground, which led to his team of four police officers who were patrolling in Entumbane to check on its origins.
He said after they had arrested Thomas after a chase from Entumbane Shopping Complex, they recovered five fliers from him plus five calendars.
Const Magama on the other hand said they recovered six fliers, which brought the total number of fliers they handed over to their superiors to seven.

During the bail application of Thomas, John Gazi and Paul Siwela, in opposing the granting of bail, Const Chidakwa told a provincial magistrate that they recovered three fliers and a calendar when they arrested Thomas.
Const Chidakwa was grilled the whole day yesterday by the defence team of Advocate Lucas Nkomo instructed by Messrs Sindiso Shepherd Mazibisa and Robert Ndlovu, for Thomas and Siwela, and Advocate Sabelo Sibanda for Gazi over his “inconsistence” in his evidence.

Chuckles could be heard at intervals from the packed public gallery as Const Chidakwa tried to explain the discrepancies.
Senior Bulawayo High Court judge Justice Nicholas Ndou sitting with Messrs Elliot Nyoni and Phanuel Damba had to warn people in the public gallery just before lunch break to stop laughing as they were interrupting the proceedings.
Adv Sibanda also grilled him over his statement where his force number is incorrect but he went on to sign the affidavit.

He denied lying about the number of exhibits that he handed over to his superiors and said he did not know what happened. “I could have misread my statement and did not realise that the force number was incorrect after satisfying myself that the information contained was what I had said,” said Const Chidakwa defending his move to affix his signature to an affidavit with a wrong force number.

Const Magama, who took to the stand at 4pm and chose to speak in Shona, told the court he understands SiNdebele, adding that he was the one who translated the flier that was picked by Const Chidakwa.
He said his understanding of the wording on the flier was that the people of Mthwakazi should rise against the Government.
He said after picking the flier and while trying to ascertain its origins, they saw Thomas giving out a flier to someone at stall Number 355.
“We followed him and when he saw us coming, he quickened his pace and eventually started running towards Luveve Road.

“Const Chidakwa and one of our colleagues gave chase and eventually caught up with him and we recovered six fliers and five calendars from him. We later handed over the seven fliers and the calendars to our superiors,” testified Const Magama.
He said they were in police uniform when they arrested Thomas but during the bail application              Const Chidakwa told the court that he was in plain clothes.

The court adjourned to today with Messrs Samuel Pedzisai and Lovack Masuku, both from the Attorney General’s Office, set to continue leading evidence from Const Magama.

Thomas (44), Gazi (54) and Siwela (50) pleaded not guilty to the main charge of treason and the alternative charge of subverting a constitutionally elected Government.
Thomas and Siwela’s defence as presented by Adv Nkomo is that they never at one time from 1 March to 3 March 2011 acted in common purpose and conspired with any person to incite people of Zimbabwe or a section of them to rise against the Government by distributing fliers which contained messages calling on

members of the public and the army to rise against the Government of Zimbabwe.
Gazi, through Adv Sibanda, states that at the time of the alleged offence, prior to his resignation from the MLF, he was its secretary-general.
He denies hatching a plan to distribute any fliers and conspire to incite members of the public or any one else to rise up against or seek to overthrow a constitutionally elected Government of Zimbabwe through unconstitutional means.
On 1 March last year, the trio in the company of seven others, who are still at large, held an executive meeting at Siwela’s office at Number 3 Princess Court.

The State is alleging that at the meeting, they connived and agreed to distribute fliers of which among others had the following messages: “Vuka Mthwakazi vuka, ayishe Mahlabezulu, washa mfethu and abantu yithi.”
It is the State case that Thomas was asked to distribute the fliers.
On 3 March, the State alleges that Thomas went to Entumbane Shopping Complex where he was arrested while allegedly distributing the fliers and some calendars.
The fliers were addressed to different groups in society like churches, non-governmental organisations, civil servants and political parties.

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