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This article participates on the following special index pages:
Index of articles on enforced disappearances in Zimbabwe
Kisimusi
Dhlamini & 6 other abductees further remanded in custody
Zimbabwe Lawyers for Human Rights (ZLHR)
February 17, 2009
At around 11:40 hours
remand proceedings resume at the Harare Magistrates Court in the
matter between Kisimusi Dhlamini&Others vs. The State with Prosecutor
Mr Murombedzi requesting for a postponement of remand hearing.
Murombedzi tells Magistrate
Gloria Takundwa that the State lead Prosecutor Florence Ziyambi
is attending an urgent chamber application at the High Court before
Justice Tedius Karwi.
Murombedzi says that
the State has received the two reports from the police pertaining
to their investigations into allegations of torture and the one
on treatment of the accused in prison, they have not photocopied
and handed duplicate copies to the defence team.
The defence team led
by Alec Muchadehama tells Takundwa that they are increasingly concerned
and worried by the failure of prison officials to bring the accused
persons to court so that they can follow proceedings in their case.
Muchadehama tells the
court that the defence intends to make an application seeking to
have the accused persons examined and treated for injuries sustained
during their abductions.
The defence tells Takundwa
that they will proceed to demand a trial date for the accused persons
and if it is not granted the defence team will proceed to ask for
refusal of remand.
Muchadehama stresses
that all the above-mentioned processes must take place in the presence
of the accused persons so that they can follow proceedings in their
case.
He asks Takundwa for
an order imploring the State to make effective arrangements so that
the accused persons are brought to court for their next appearance
on Wednesday 18 February 2009.
The State tells the court
that it is not its obligation and duty to ensure the accused persons
are brought to court but that of prison officials.
Magistrate Takundwa defers
proceedings to Wednesday 18 February 2009 at 11:30hours citing consent
by both the State and the Defence and orders the State to ensure
that the accused persons are in attendance when proceedings resume
on Wednesday 18 February 2009.
Takundwa also orders
the State to hand over the police reports to the defence team by
13:00 hours on Tuesday 17 February 2009.
At the High Court Justice
Tedius Karwi slightly alters an order he issued in the case of Kisimusi
Chris Dhlamini and 6 others vs The State to allow defence lawyers
to notify the State of the proposed hospitalisation of accused by
a medical practitioner of their choice so that it has the opportunity
to appoint its own doctors to examine and confirm the accused persons
at a medical institution of their own choice.
Visit the ZLHR
fact
sheet
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