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Petrol bombers: State case crumbles
Valentine Maponga,The Standard (Zimbabwe)
June 10, 2007

SEVEN Movement for Democratic Change (MDC) officials and activists suspected of petrol bombing public places around the country, were freed last week after spending 62 days in remand prison.

But five others remained in custody, facing charges relating to training insurgents, terrorists and saboteurs in South Africa

The case is to be heard tomorrow at the Harare Magistrates' Courts.

The case was removed from further remand after lawyers representing the MDC activists challenged the slow pace of police investigations into the matter.

Harare Magistrate Gloria Takundwa ordered the release of the 12 activists after the State conceded all the accused could be removed from further remand.

The matter will now proceed by way of summons.

Another MDC activist Piniel Denga, facing charges of illegally possessing explosives was again granted a $50 million bail with stringent reporting conditions at the Harare central police's law and order section.

Among those set free on Thursday were journalist Luke Tamborinyoka and other employees of the MDC arrested on 28 March after a police raid at Harvest House, the party's headquarters in Harare.

The defence team led by Charles Kwaramba of Mbidzo, Muchadehama and Makoni, had argued the police had failed to come up with enough evidence to link the accused to the alleged petrol bombings.

"The evidence before this court clearly shows that police are not yet ready to put this matter on trial," he said. "Previously, the applicants have been denied bail on the basis that the police needed enough time to investigate. Sufficient time has elapsed and nothing seems to be happening."

Kwaramba said the police were asking for more time to investigate the case since the arrests on March 28 at the expense of the defendants' liberty. He challenged affidavits by one Peter Chindodana, which formed the basis of the State case. Kwaramba argued that Chindodana's signature on the affidavit in one case differed from the other two affidavits used in two similar cases.

"Therefore, the said Peter Chindodana does not exist and is a fictional character. The character has been created to find a basis for remanding the accused persons. Even if he existed his averment in the affidavit still does not link the accused person to the offences. We had hoped that the case would go beyond this Chindodana."

State prosecutor Tawanda Zvekare tried to have an investigating officer testify on the progress of the investigation but the magistrate insisted he should make the submissions on behalf of the police.

After consulting with the investigating officer, Zvekare conceded that the accused could be removed from further remand and the State would only proceed by way of summons.

MDC spokesperson Nelson Chamisa yesterday said the release was a confirmation that the opposition party had nothing to do with the petrol bombings. "All those who have been arrested are political victims and they have served 62 days in custody for no crime. It's not by accident that all those arrested are key members in the structures of the party. It was designed to cripple all our activities," Chamisa said.

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