One of the pieces of art presumably shows First Lady, Grace Mugabe and Reserve Bank Governor, Gedion Gono under a desk. Unawares, Gono and Grace are allegedly underneath the table, while President Robert Mugabe sits comfortably on the chair to do some work. As the bearer cheque shows, Grace is allegedly busy doing what pornographic artists call a “b..w job” on Gono.

The youths had been accused of contravening Section 33 (2) (a) (ii) of the Criminal Law Codification Act, Chap 9.23 “Causing Hatred, Contempt or Ridicule of the President.”

Gift Given Mlala, Calvin Ncube and Mpumelelo Donga(pictured), leapt to joy after Bulawayo Magistrate, Mrs. Mkhosana-Matimbe set them free.

“It is ridiculous for the state to allege that the accused made a public statement that insulted or undermined the President, when in actual fact the matter came to light when one of the accused persons had been arrested with regards to a different case altogether,” said Bulawayo magistrate Mrs. Mkhosana-Matimbe.

In the defense counsel’s application for discharge at the close of the state case, Lizwe Jamela of the Zimbabwe Lawyers for Human Rights (ZLHR) said, “In short the state failed to prove that the statements complained of relate to the President of Zimbabwe”. Jamela also argued that the accused were “not the authors of the alleged statements nor did they at any time ‘publicly’ make the alleged statements as alleged.”

Furthermore, Jamela argued that the exhibits are neither caricature of art nor digital photographs.

He also submitted that, “there is no express reference or mention of the President of Zimbabwe or his office”. Another point is that “the name Grace Mugabe mentioned on the exhibits is not exclusive to the wife of the President of Zimbabwe….” Also, as works of art, the caricature could be interpreted in different ways. Besides the fact that “there is no evidence as to the author or origins of the exhibits,” the conclusions made by the police officers are from their personal thinking or interpretation. For example the use of statements like, “It would appear”, or “It seems as if”, and “I think it may mean”, among many other suggestive phrases.

For their part, the trio did not register any complaints against police to the magistrate. Neither was it mentioned that the youths are loyal members of the Movement for Democratic Change (MDC-T).

Mpumelelosaid that he “spent 12 days inside the cells without eating. I was forced too apply finger-print ink on my face and hair”. Another youth called Gift was asked how he was treated while in police custody. He replied, “I was kicked slapped on my face. They hit me using handcuffs inside a police cell. I was searched inside the cell as if I was resisting arrest”.

By Special correspondent