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Chidyausiku dismisses state's appeal against a High Court order granting bail to Bennett
Zimbabwe Lawyers for Human Rights (ZLHR)
March 11, 2009

Chief Justice Godfrey Chidyausiku on 11 March 2009 dismissed the State's appeal against the granting of bail to detained Movement for Democratic Change (MDC) National Treasurer and Deputy Agriculture Minister-Designate, Mr Roy Leslie Bennett.

In his judgment, which was made available to the State and Defence lawyers on 11 March 2009, Chief Justice Chidyausiku dismissed the State's appeal challenging the admission of Mr Bennett to bail.

In amending the conditions of bail set by High Court Judge Justice Karwi on Tuesday 24 February 2009 Chief Justice Chidyausiku ordered Mr Bennett to be admitted to bail upon depositing US$5 000 with the Clerk of the Court at the Mutare Magistrates Court and to reside at Number 4 Burnely Road Road, Workington, Harare. Justice Karwi had earlier set the bail money at US$2 000.

Chief Justice Chidyausiku ordered Mr Bennett to surrender as surety the title deeds to a property he owns in Mutare to the Clerk of Court at the Mutare Magistrate's Court and to also surrender his passport with the same Court.

The Chief Justice also ordered Mr Bennett to report three times a week, namely every Monday, Wednesday and Friday at the Harare Central Police Law and Order Section and not to interfere with witnesses. Justice Karwi had earlier ordered Mr Bennett to report twice a week to the same police station.

Background

Mr Bennett was taken against his will, and without just cause, from Charles Prince Airport at around 13:30hrs on Friday 13 February 2009, as he was lawfully leaving the country to go and spend his birthday with his family, who now reside in South Africa.

On Tuesday 24 February 2009 High Court Judge Justice Tedius Karwi granted bail to Mr Bennett. However, the bail was immediately suspended following the invocation of Section 121 of the Criminal Procedure and Evidence Act (CPEA) by Mr Chris Mutangadura representing the State.

On Thursday 5 March 2009 Supreme Court Judge, Justice of Appeal Paddington Garwe, handed down his ruling in respect of the State's application seeking leave to appeal against the granting of bail by the High Court to Mr Bennett. In his Chambers, Garwe granted the State leave to appeal, although he pointed out that the State had little prospect of success in challenging the granting of bail to Mr Bennett and may only have prospects in respect of the quantum of the bail granted.

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