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Magistrate relaxes abductees' reporting conditions
Zimbabwe Lawyers for Human Rights (ZLHR)
April 09, 2009

Bail application proceedings resume at the Rotten Row Magistrate Courts around 11:51 AM in the matter between Concillia Chinanzvavana and Eight Others vs The State before Magistrate Archie Wochiunga.

Ms Florence Ziyambi, the Director of Public Prosecutions in the Attorney General's Office tells the Magistrate that the State is not in a position to serve the accused persons with indict papers as undertaken before because their typing and printing machines broke down.

She asks the court to give them some time up to 24 April 2009 to prepare and serve the indictment papers to the accused persons so that they can prepare for trial.

Ziyambi tells magistrate Wochiunga that the trial of some of the nine accused persons will commence between 08 June and 19 June 2009 while other accused persons will be tried between 20 July and 31 July 2009.

Ziyambi tells magistrate Wochiunga that the State is agreeable to altering the accused persons' reporting conditions from twice a week to once a week as requested by the defence.

The State's lead Prosecutor objects to the defence's request to cancel the travel restrictions for the accused persons saying the State needs to secure the accused persons for purposes of trial. Ziyambi states that the accused persons won't suffer any prejudice if they are not given indict papers today as they will still have ample time to prepare for trial.

Alec Muchadehama, the lead defence lawyer tells Magistrate Wochiunga that the accused persons are opposed to be further remanded beyond today because the State has had more than ample time including the time the accused persons were abducted and held incommunicado to put its house in order but has failed to do so.

Muchadehama states that the State's excuse about the breakdown of machines at the Attorney General's Office has nothing to do with the accused persons as it is purely an administration issue.

The lead Defence lawyer tells Magistrate Wochiunga that the papers which the State has served the court are in no way indict papers requested by the accused persons and are simply the State's intentions.

Muchadehama tells magistrate Wochiunga that the State must be visited with serious consequences for failing to indict the accused papers.

He tells Magistrate Wochiunga that the accused persons must now be placed off remand and that the State should proceed by way of summons and some other legal processes.

Muchadehama says the State has not demonstrated any serious intentions to begin trial procedures and applies for refusal of further remand.

The defence lawyer tells Magistrate Wochiunga that the accused persons are being oppressed by being asked to report twice a week at police stations.

He asks for the cancellation of all reporting conditions that of the 40 kilometer radius restriction saying such restrictions seriously undermine freedom of movement.

Ziyambi argues that the accused persons now only remain with residual rights and not absolute rights and asks the Court to dismiss the defence's application for refusal of further remand.

Magistrate Wochiunga then adjourns court proceedings to 14:30 PM to rule on the defence's application for refusal of further remand.

Upon resumption of proceedings in the afternoon Magistrate Wochiunga dismisses the defence's application for further remand but gives the State up to 30 April 2009 to serve the accused persons with indict papers failure of which he would remove the accused persons from remand.

Magistrate Wochiunga also relaxes the reporting conditions for the accused persons to report once a week at police stations and cancels the 40 kilometre radius travel restriction.

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