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9 abductees remanded to April as High Court grants abductee right to appeal to Supreme Court
Zimbabwe Lawyers for Human Rights (ZLHR)
March 20, 2009

On 19 March 2009 High Court Judge, Justice Yunus Omerjee, grants defence lawyers representing three of the political detainees the right to appeal in the Supreme Court. The defence lawyers had sought leave to appeal to the Supreme Court after the High Court denied bail to the three - namely Gandhi Mudzingwa, Kisimusi Dhlamini and photo-journalist Andrison Manyere.

In granting leave to appeal to the Supreme Court Omerjee says that another court may arrive at a different conclusion in relation to bail.

Defence lawyers now await the date of set-down for the matter in the Supreme Court.

The three who were abducted last December and are facing terrorism charges are jointly charged with Regis Mujeyi, Chinoto Zulu, Zacharia Nkomo and Mapfumo Garutsa. Mujeyi, Zulu, Nkomo and Garutsa were recently released from Chikurubi Maximum Prison on bail.

Manyere remains incarcerated at Chikurubi Maximum Security Prison while Dhlamini and Mudzingwa are detained under prison and police guard at the Avenues Clinic, where they are being treated for injuries sustained during their abduction and subsequent police and prison detention.

On 20 March 2009 remand proceedings resume at 11:55hrs at the Harare Magistrates' Court in the matter between the State vs Concillia Chinanzvavana and Eight Others.

State Prosecutor Tawanda Zvekare asks Magistrate Memory Chigwaze to remand the matter to 9 April 2009, saying the request is with the consent of the defence lawyers.

Defence lawyer Alec Muchadehama protests the State's failure to provide the accused persons with a trial date as requested at the last remand hearing. Muchadehama tells Magistrate Chigwaze that if the State fails once again to furnish the accused persons with a trial date at their next remand hearing the State should drop the charges against the accused persons or the Court must then refuse to further remand the accused persons.

Muchadehama tells Magistrate Chigwaze that none of the accused persons are properly on remand and says defence lawyers will be taking serious issue on 9 April 2009 with the manner in which the State has proceeded with the matter.

Muchadehama asks for the relaxation of the accused persons' reporting conditions saying the State's failure to provide them with a trial date was causing unnecessary hardships to the accused persons.

Zvekare denies that the accused persons are not properly on remand. He argues that the issue of relaxation of bail conditions does not arise and tells Magistrate Chigwaze that the State intends to serve on 9 April 2009 indictment papers for the matter to be referred to the High Court for trial.

Magistrate Chigwaze further remands the accused persons to 9 April 2009.

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