The trio were being charged under the criminal codification reform act section 3 (2a) (i) and the offence carries a penalty of one year in prison or an option of fine not exceeding US$100.
Desire Chikwanda (20) a Power engineering student, Monalisa Katsaruware (23) a Computer systems student, and Nyasha Chambinuka (23) a Machine shop student appeared before Masvingo magistrate Patrick Mapiye who ruled out that they had no case to answer.
The students first appeared in court on 4 March 2011 for initial remand and were remanded to 14 March but the case continued to be postponed to allow the state to gather evidence for prosecution.
The three were nabbed at the college after a police tip off by an alleged informer only identified as Chamisa. According to the state led by Frank Chirairo the students were watching a video clip entitled “strike back Zimbabwe” and the video was allegedly brought by Nyasha from Kwekwe and was later copied into Desire’s laptop.
The clip showed patrons in a pub watching television in which President Mugabe would be addressing a rally. One of the patrons would then go out and start dressing into army regalia before arming himself with a gun. At this moment the video shows the President coming out of the pub and being shot in the head before falling down dead.
Collen Maboke of Mwonzora Associates who represented the trio argued that the case was on the court roll for a long time meaning that state was not serious and essential elements of the offence were not clear.