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This article participates on the following special index pages:
Marange, Chiadzwa and other diamond fields and the Kimberley Process - Index of articles
USD
calls for Maguwu to be released on bail
Union for Sustainable Democracy
June 22, 2010
The Union for
Sustainable Democracy is particularly concerned about the refusal
by Judge Chinembiri Bhunu yesterday to grant bail to Farai Maguwu
whose right to liberty was already severely interfered with prior
to the initial bail proceedings.
The primary
purpose of the right to bail, as we understand it, is to mitigate
against interfering with an accused person's freedom. More
importantly it is to prevent anticipatory punishment before conviction
and sentence. Consequently an accused person should not be punished
for an offence for which he has not been convicted.
The presumption
of innocence is at the heart of every criminal investigation or
prosecution. When presiding over a bail hearing a judge is enjoined
to strike a balance between, on the one hand, the right to liberty
and presumption of innocence of the accused and, on the other hand,
whether the interests of justice permit the release of the accused
person on bail. In the main a balance must be struck between the
need to protect the prosecution and investigation of the case without
hindrance and respecting the freedom of the accused.
In the light
of the above principles, it is not difficult to see that there has
been a gross miscarriage of justice in this matter. The interests
of justice in the prevailing circumstances require the immediate
release on bail of Farai Maguwu who is being persecuted for revealing
the aberrations at the Chiadzwa mine. Not only was Farai Maguwu
detained for a period far in excess of what the law allows before
being taken to court, he was also reportedly taken from remand prison
unlawfully.
While we concur
with Judge Chinembiri Bhunu's observation that the charges
against the accused are serious, we do not agree that the seriousness
of an allegation alone constitutes sufficient grounds for the refusal
of bail.
Any argument
that he is a flight risk cannot be sustained because he handed himself
in to the police. He is a leading human rights researcher who is
committed to seeing that people do the right thing for their country's
economic prosperity.
Accordingly,
the decision to refuse him bail is unfair, injudicious and unjust.
We call on the
magistrate reviewing the bail ruling at the next remand hearing
on Wednesday to properly apply the law to this matter failing which
Farai Maguwu's legal team should bring a super-urgent application
before the Supreme Court challenging this flagrant violation of
their client's constitutional right to liberty and presumption
of innocence.
For more
information about the Union For Sustainable democracy visit http://www.usd.org.zw
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