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Abductees daily update - 18 February 2009
Zimbabwe Lawyers for Human Rights (ZLHR)
February 18, 2009

Bail application proceedings resume at the High Court around 09:00 in the matter between Kisimusi Dhlamini&Others vs. The State before Justice Yunus Omerjee.

Lead State prosecutor Florence Ziyambi tells Omerjee that the Attorney General's Office could not make copies of the police report into allegations of torture and assault raised by the accused persons because photocopying machines at their offices are not working.

Alec Muchadehama, the lead defence lawyer argues that the accused persons didn't confess to having undertaken the offences leveled against them in their warned and cautioned statements.

Muchadehama tells the court that of the seven accused persons Chinoto Zulu, Gandhi Mudzingwa and Zacharia Nkomo are detained at the Avenues Clinic where they are being examined and treated while the remaining four have not been treated. The defence lawyer stresses that his clients are seriously ill and need treatment.

Justice Omerjee makes an intervention stating that he wants compliance with Justice Karwi's order to take the accused persons to the Avenues Clinic forthwith and as soon as proceedings in the court are over.

Ziyambi states that it would be up to prison officials to comply with the order.

Muchadehama tells Omerjee that the State has not complied with Justice Karwi's order to verify whether the arrest of Zacharia Nkomo wasn't a case of mistaken identity. He also insists that the arrest of Mapfumo Garutsa and Regis Mujeyi were a case of mistaken identity. In the case of Mujeyi and Manyere, Muchadehama states that the police were looking for a person called "Saddam", which is an alias and whom they believe is a Movement for Democratic Change (MDC) member and the two have nothing to do with the MDC.

Muchadehama goes on to affirm that the offences that his clients are facing are related to destabilising the government. But now considering that there has been the formation of a coalition government between ZANU PF and the MDC the case has since been reduced by the formation of a coalition government and it should benefit the applicants.

Ziyambi tells the court that Justice Karwi's order ordering the accused persons to be taken to the Avenues Clinic in pairs is being complied with and that's why Chinoto Zulu and Zacharia Nkomo are now admitted at the Avenues Clinic.

Omerjee once again makes an intervention and reaffirms Karwi's order to take the accused persons to the Avenues Clinic. Omerjee orders the State to work out an arrangement with some Zimbabwe Prisons Service (ZPS) officials and liase with the defence team to make sure that Karwi's order is given effect to its word and spirit by making sure that the accused persons are taken to the Avenues Clinic.

Omerjee orders the State to make sure that by the end day on Wednesday they advise the defence lawyers the identities of the accused persons who would have been taken to the Avenues Clinic and those that would be taken again to the Avenues Clinic the following day.

Ziyambi argues that Zacharia Nkomo's arrest was not a case of mistaken identity and that there are witnesses who will testify. Ziyambi states that the police have not yet finished investigations into the case of Nkomo.

Omerjee asks what charges has the State laid against Chinoto Zulu to which Ziyambi states that Chinoto Zulu was implicated by Dhlamini.

Omerjee orders the State to handover copies of the police reports into allegations of torture and asks the defence team whether they can facilitate the duplication of copies as the State has earlier indicated that its photocopying machines are down.

Omerjee orders the State and the Defence to consider the contents of the police report and furnish the court with any concerns in writing and file submissions before the Registrar of the High Court by the close of day on Wednesday 18 February 2009.

Omerjee defers bail application proceedings to Thursday 19 February 2009 at 08:30 AM.

At the Magistrates Court Magistrate Gloria Takundwa postpones remand hearing proceedings to Friday 20 February 2009 to allow the State to hand over copies of the police report into torture allegations raised by the accused persons to defence lawyers.

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