Lawyers representing jailed 78 activists of the main opposition party, Citizens Coalition for Change (CCC) have complained that justice is being "deliberately" delayed by prosecution.
This follows the State's failure to meet the deadline to file submissions after closing its case last week.
The court had set deadlines for the defence and the State to file its submissions with the judgement set for Thursday afternoon.
However, the State represented by Sheila Mupindu failed to meet the deadline which resulted in the matter being rolled over to another date.
Collet Ncube presiding over the matter said judgement could "possibly" be handed down tomorrow.
Commenting on the delay, one of the lawyers representing the activists, Webster Jiti said this was unacceptable.
"It was disrespectful because there was a court order. It's not acceptable even under primitive barbarism it's not acceptable," he said.
Through their lawyers, the group include CCC interim leader Jameson Timba sought discharge arguing that the State has failed to prove 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.
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"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 were 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.
Timba and company are accused of unlawfully gathering at his residence in Avondale on June 16.
They all deny the allegations and insist they were having a private eating.
The court is expected to sit this Friday "possibly" for ruling.
