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Index of articles on enforced disappearances in Zimbabwe
Dhlamini,
Manyere, Mudzingwa granted bail
Crisis
in Zimbabwe Coalition
May 13, 2009
High court Judge,
November Mtshiya today, 13 May 2009 granted Kisimusi Dhlamini, Andreson
Manyere and Ghandi Mudzingwa bail when they appeared before the
court represented by Charles Kwaramba. Chris Mutangadura from the
Attorney General's office represented the state.
The three are
facing trumped up charges of bombing police stations in 2008 and
were among more than 25 human rights and Movement for Democratic
Change (MDC) activists who were abducted since October 2008 by state
security agents prior to being hauled before the courts on the 24th
of December 2008. While in police custody, the activists were allegedly
tortured and denied adequate food.
Dhlamini, Manyere
and Mudzingwa were granted bail on the 9th of April and released
on the 17th of April. However, their freedom was short lived as
their bail was revoked after the state filed an appeal before the
Supreme Court resulting in their re-incarceration on the 20th of
April 2009. On the 4th of May, the activists, together with 14 others
including Zimbabwe
Peace Project director, Jestina Mukoko were indicted for trial
in the high court ahead of the re-arrest of the fourteen. On the
7th of May 2009, Harare Magistrate, Catherine Chimanda granted the
14 bail while Manyere, Dhlamini and Mudzingwa remained in Chikurubi
Maximum Prison.
Passing his
judgment, Judge Mtshiya noted that the activists are unlikely to
abscond as they previously adhered to bail conditions set by the
courts on the 9th of April. Additionally, he noted that the three
activists should be treated as the 14 who were released last week
as the notion of 'equality before the law should be strictly
observed'.
Responding to
the state's assertion that the offence is serious and as such
the three should not be awarded bail, Judge Mtshiya stated that
seriousness alone could not be used as leverage to deny the activists
bail as the right of the individual to liberty is foremost in the
courts of law.
Previously,
the state had argued that the accused could not be awarded bail
as there was compelling evidence against them. However, Judge Mtshiya
highlighted that in fact, the state lacked direct evidence linking
the activists to the crime, as there is absence of independent witnesses
(the witnesses in the state's case are security personnel)
and the fact that the activists were unknown to each other until
their initial court appearance on the 24th of December 2008. 'The
only fact is that they (the activists) belong to the same political
party', said Judge Mtshiya.
The following
bail conditions were set:
- Each of
the activists should deposit US$1,000 with the clerk of the Rotten
Row Magistrate's Court as bail. If bail has been retained
in terms of the 9 April 2009 order, such bail shall be considered.
- The activists
should continue to reside at their given addresses.
- The activists
shall not interfere with witnesses and investigations.
- The activists
should report to the Mabelreign Police Station once a week on
Fridays between 6am and 6pm.
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in Zimbabwe fact
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