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Chief Justice Chidyausiku dismisses abductees' appeal
Zimbabwe Lawyers for Human Rights (ZLHR)
April 06, 2009

Supreme Court Chief Justice Godfrey Chidyausiku today dismissed an appeal against a High Court judgment by Justice Yunus Omerjee denying bail to three political detainees namely Kisimusi Dhlamini, Gandhi Mudzingwa and freelance photo-journalist Andrison Manyere, who have been incarcerated at Chikurubi Maximum prison for more than three months.

Dismissing the appeal Justice Chidyausiku cited the following reasons;

1. "That the learned Judge in the Court a quo (Lower Court) did not misdirect himself in treating the appellants differently from their co-accused and the basis of that distinction is that there is direct evidence against the appellants. The evidence against the co-accused as Omerjee (Justice) correctly observed is merely confessions by the appellant or one of the appellants, which is admissible as evidence."

2. "I find no merit in the submissions that the learned Judge in the Court a quo misdirected himself."

3. "The issue of whether the appellants are proper candidates for admission to bail is not before me as that issue was determined by Karwi (Justice) and there was no appeal against his determination in this regard."

Background

On 19 March 2009 High Court Judge, Justice Yunus Omerjee, granted defence lawyers representing the three 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 detainees. In granting leave to appeal to the Supreme Court Justice Omerjee said another court may arrive at a different conclusion in relation to bail. The three who were abducted in December 2008 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.

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