• Tourist took video for great memories for himself – Magistrate

Managing Editor
MIRROR REPORTER

MASVINGO – A Czech tourist arrested on August 2, 2024 for being a criminal nuisance was acquitted of the charges by Masvingo magistrate, Isaac Chikura this afternoon but he remains unfree after the Department of Immigration blocked his release.
The Mirror is told that Lucas Slavik’s release on bail granted by the High Court in Masvingo on Wednesday was also blocked.
Chikura remarked during his ruling that Slavik said he recorded the video for which he was arrested only for great memories for himself as a tourist.
He said Slavik did not make false statements as alleged by the State and State witnesses who included senior Police officers who contradicted each other during cross examination. He also concluded that there was no evidence from Police that Slavik was a public nuisance.
The State changed charges against Slavik three times and the last time was after he was granted bail by the High Court in Masvingo.
Slavik’s lawyer, Knowledge Mabvuure of Chihambakwe Law Chambers expressed surprise at the Immigration Department’s move to block Slavik’s release. The reason the Immigration Department gave for blocking his release is that they want to investigate further and see if there are no other crimes that he committed in Zimbabwe.
Czech Republic Deputy Ambassador to Zimbabwe, Michal Novak who attended the ruling said he was happy that Slavik was acquitted, adding that his time in prison was difficult.
Under Section 46 of the Criminal Law Codification Reform Act, the State accused Slavik of disturbing public peace by uttering statements in a video that he recorded at a place close to Masvingo Central Police Station.
Criminal nuisance under Section 46 of the Criminal Law Codification Reform Act says that a person commits this offense if they unlawfully and intentionally cause annoyance to the public or any section therefore.
The State accused Slavik of uttering words in the video that “People were fighting at the Police station and Police is chasing them away. We have had 12 hours without electricity. At Backpackers Lodge where I stay there is no water. The accommodation charge is US$25-30 per day and it is not worth it. Apparently the President is supposed to come today.”
These were the statements which Police described as falsehoods. He was kept in prison for 20 days before his full trial yesterday.
The Police officers who were State witnesses are Assistant Inspector Paul Charlie and Detective Sergeant Simbiso Shumba.
Chikura said the utterances made in the video by Slavik that people were fighting can be interpreted as an expression of opinion rather than factual information in legal interpretations and his proximity to the crowd suggests that he was an observer rather than an active participant in the case and therefore not a nuisance.
“When the accused took the video, he was far away from the people, causing no annoyance or disturbance and the video was taken for the purposes of creating great memories for himself,” said Chikura.
Deputy Ambassador Novak said the role of the Embassy was to observe and provide consular support and assistance to a national from his country.
“After three weeks of him being detained, we are happy that the court ruled and acquitted him. Obviously three weeks spent in prison must have been very difficult for our national and we are glad that the proceedings resulted in his acquittal,” said Novak.
Initially, Slavik was charged with Section 31(a) 1 publishing false statement with intention to incite the public and the charge was changed after he was granted bail last week. He was arrested together with Tom Ssekamwa of Uganda who is charged for violating the Censorship Act Chapter 26 1 (a) after he was found in possession of a rubber penis toy.
Mabvuure in his defence said his client’s conduct on the day in question does not materially interfere with the ordinary comfort, convenience, peace or quiet of the public.
He said the mere act of self-recording a video and providing a narrative to that video does not constitute a crime.
Tarisai Muvengi prosecuted.