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Court throws out Mukoko application
Raymond Maingire, The Zimbabwe Times
February 04, 2009

http://www.thezimbabwetimes.com/?p=10979

The High Court on Wednesday threw out an application by incarcerated Zimbabwe Peace Project director, Jestina Mukoko, who is seeking her release from custody on bail.

In his ruling, Justice Alphas Chitakunye said he agreed with the state's contention that the accused person could not seek release on bail as she was yet to be advised by a court on her charges.

Justice Chitakunye also attacked the defence which he said has, since December 24, 2008, unnecessarily inundated the courts with court challenges involving the same accused person, in the process jeopardizing their own attempts to seek their clients' liberty.

Chitakunye cited the numerous instances with which the defence has filed court applications since the accused persons were handed over to the police by state security agents on December 22, 2008.

"At this rate, one is left wondering whether the defence wants to discredit the justice delivery system and portray it as one in disarray," said Chitakunye.

After the ruling, human rights lawyer Harrison Nkomo, who is representing the former broadcaster, immediately sought leave to appeal against Chitakunye's judgement at the Supreme Court.

He argued that Chitakunye erred in dismissing Mukoko's bail application and was thus seeking authority through the same court to lodge an appeal at the Supreme Court.

"This court is not a superficial being and is bound to make errors in its judgement" he said.

"We believe we are setting the rights of the accused person as enshrined in the constitution and as enshrined in international human rights instruments.

"The court has given restrictive interpretation of the laws that say an accused person cannot seek bail before being formally advised of her charges."

Nkomo contended that the matter was very important in that it was the first such matter to be brought before a court and was thus, supposed to be allowed to sail through to the Supreme Court which should decide on its constitutional merits.

Appearing for the State, Florence Ziyambi, the director of public prosecutions opposed the application to refer the matter to the Supreme Court.

"The court did not err in dismissing the bail application by the applicant on the basis that remand proceedings have to take place before any bail application," she said.

"I urge this court to dismiss the application for referral to the Supreme Court as there are no prospects of success in the matter."

After listening to both submissions, Justice Chitakunye proceeded to dismiss the application.

"After listening to both submissions, I have considered both the merits and demerits of the case," Chitakunye said.

"It is my view that the demerits far outweigh the merits. I will dismiss the application."

Meanwhile, Justice Chitakunye also threw out another bail application that was also filed through the same court in respect of six MDC activists who are jointly charged with Mukoko on alleged acts of banditry.

Chitakunye contended that the courts could not automatically grant the accused persons bail as they were first supposed to be charged before any determination on whether the accused persons could be released on bail.

The six others are Concilia Chinanzvavana, Fidelis Chiramba, Violet Mupfuranehwe, Collen Mutemagawu, Peata Kaseke and Manuel Chinanzvavana.

They are all accused of attempts to recruit persons for purposes of training as bandits and insurgents to overthrow President Robert Mugabe's government. The MDC says the charges are trumped up.

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