Jailed CCC interim leader, Jameson Timba and 77 party activists have applied for discharge after the State closed its case on Monday.

The activists were arrested on June 16 on allegations of unlawful gathering. They all deny the allegations and insist they were having a private meeting.

They are also accused of disorderly conduct with the State alleging that they pelted police officers who arrested them with stones.

Through their lawyers, the group sought discharge arguing that the State had failed to make any case against them.

"None of the witnesses could remove the possibility that the remaining accused persons were still making their way to the gathering or were minding their own business.

"This is in view of the concession by the witnesses that there were people who were walking along down road at the time the police arrived at the scene, including the police officers led by Kudezera.

"There is no evidence discounting that any of the remaining accused persons were part of those people seen walking along the road at the material time.

"Kudezera also confirmed that upon discharging the tear smoke, the roads were cordoned off by the police. This cordon netted in the accused persons who then became part of a dragnet arrest as the police sought to account for those who had committed the alleged offence.

"The inquiry relating to the remaining accused persons must end at this point," said the lawyers.

The lawyers also said the accused have not been identified as having committed an offence.

"There are various other explanations as to why they were arrested which cannot be excluded by the testimony of the witnesses," the court was told.

Magistrate Collet Ncube is expected to hand her ruling on their application on Friday