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Magistrate to rule on state's application for further remand
Zimbabwe Lawyers for Human Rights (ZLHR)
March 23, 2009

At 12:18hrs remand proceedings resume in the Magistrates' Court in the matter between the State vs Kisimusi Dhlamini and Six Others before Magistrate Memory Chigwaze. Only four of the accused persons - namely Chinoto Zulu, Mapfumo Garutsa, Regis Mujeyi and Zacharia Nkomo appear in court; Andrison Manyere remains at Chikurubi Maximum Security Prison, while Kisimusi Dhlamini and Gandi Mudzingwa are receiving medical treatment at the Avenues Clinic.

State Prosecutor, Tawanda Zvekare, applies for yet another remand of the accused persons. He tells Magistrate Chigwaze that the trial of the accused persons will commence on 29 June 2009; the State is finalizing the indictment papers and he undertakes to serve the indictment papers on the accused persons by 30 April 2009. Zvekare argues that the process of trial cannot be rushed and the State's request for further remand is reasonable and logical in the circumstances.

Since three of the seven accused persons are still in the custody of the State, Zvekare proposes that he is willing to consent to the accused persons being remanded together with those who are on bail to 30 April 2009, or alternatively that those in custody can appear on a two-week routine remand right up to 30 April 2009. Zvekare further proposes the relaxation of the reporting conditions for the four accused persons on bail from twice daily to three times per week on Monday, Wednesday and Friday.

Defence lawyer Alec Muchadehama tells Magistrate Chigwaze that the accused persons are opposed to further remand beyond today because what the State has stated in court today is similar to what they have been saying since the first appearance of the accused persons in court. He tells Magistrate Chigwaze that the accused persons applied for refusal of further remand before Magistrate Archie Wochiunga on 6 March 2009, and that he had, on 9 March 2009, dismissed the application, saying that he would give the State one final chance to serve indictment papers.

Muchadehama says the two-week period granted by Magistrate Wochiunga to allow the State to serve the accused papers with indictment papers has since lapsed and the Prosecutors have once again come to court empty handed. For the accused persons to be satisfied that they are to be tried as indicated by the State they should be served with indictment papers today.

The defence lawyer tells Magistrate Chigwaze that it cannot be held against the accused persons that the State has not put its house in order and done what it ought to have done. The State's failure to provide indictment papers is a clear manifestation that the State has no clear prosecuting evidence against the accused persons.
Further, the four accused persons who are on bail have very onerous bail conditions which have brought their lives to a standstill.

Muchadehama tells Magistrate Chigwaze that the State has not even appraised the Court of the status of the docket, such as who is currently handling the docket and the status of the police investigations. He states that the State has been given more than enough time to make thorough investigations including the time the accused persons were held incommunicado and tortured.

Muchadehama asks what prejudice the State will suffer if it is to proceed by way of summons against the accused persons. He asks Magistrate Chigwaze to dismiss the State's application for further remand beyond today.

Muchadehama further contests the State's proposal to relax the accused persons' reporting conditions to three times a week. The accused persons have religiously attended court since they were granted bail and hence reporting conditions should be relaxed to once a week on Fridays or Mondays, so that they can be able to live normal lives.

Zvekare insists that the trial of the accused persons will take place in the second term of the legal year of the High Court as the first term is already fully booked and maintains that there is nothing unreasonable about the State's application for further remand to 30 April 2009. Zvekare tells Magistrate Chigwaze that the accused persons are facing serious and complex charges hence the reason investigations have taken so long to complete.
Zvekare tells Magistrate Chigwaze that the Attorney General's Office is battling with challenges to secure financial resources to source stationery to complete the indictment papers, which is a voluminous exercise. He accuses the Defence of making the application for refusal of further remand with the intention of vexing the State.

Zvekare charges that the relief sought by the defence is misplaced and mischievous. He maintains that police stations were indeed bombed and the "horrific acts of terror" must not be trivialized. He urges Magistrate Chigwaze to remand the accused persons to 30 April 2009 and maintains that the accused persons are facing serious charges which led to the imposition of stringent bail conditions by the High Court. The State's proposal to relax reporting conditions to three times a week is a very favourable one considering the charges that the accused persons are facing.

Muchadehama maintains that it is the Magistrates' Court which ordered the State to serve the accused persons with indictment papers. He insists that the State is not interested in complying with court orders and is not serious about prosecuting the case. Going on previous experience, the State is bound to fail to serve the indictment papers on the accused persons on 30 April 2009 and merely wants to take its chances in delaying the matter further.

Zvekare interjects and tells Magistrate Chigwaze that if the State fails to serve the indict papers on 30 April 2009 then the "worst consequences" must visit them.

Muchadehama tells Magistrate Chigwaze that the State's charges do not make sense to the accused persons and that is the reason why they are anxious to be given the indictment papers. Further, the State's proposal to relax the reporting conditions to three times a week from twice daily demonstrates that the State has no conviction in the strength of its case.

Muchadehama concludes by asking the Magistrate not to grant the State's application for further remand as the accused persons must not be continuously punished for the State's failure to conclude their investigations.
Magistrate Chigwaze indicates that she will make a ruling on the State's application for further remand on Tuesday 24 April 2009 at 11:00hrs.

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