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Rights lawyers acquitted as state sets trial dates for Muchadehama and journalists
Zimbabwe Lawyers for Human Rights (ZLHR)
May 28, 2009

Zimbabwe Lawyers for Human Rights (ZLHR) welcomes the acquittal of two of its human rights lawyers, namely Roselyn Hanzi and Tawanda Zhuwarara, and eight alleged Women of Zimbabwe Arise (WOZA) members today. The 10 were arrested on 10 February 2009 and subsequently charged with contravening Section 37(1)(b) of the Criminal Law (Codification and Reform) Act by allegedly participating in a gathering with intent to promote public violence, breaches of the peace or bigotry.

The lawyers and women were acquitted at the close of the state's case, as the prosecutor failed to prove the essential elements of the crime. Two senior Zimbabwe Republic Police (ZRP) officers, Superintendent Jameson Simbanechako and Superintendent Chinhengo (both with over 25 years' work experience in the ZRP), who gave evidence on behalf of the state exhibited ignorance of the security laws relating to gatherings. The two officers, who testified on 19 May 2009, conceded that the demonstration conducted by WOZA on the date in question was peaceful and in fact the women were spreading messages of love. The third state witness, who testified on 28 May 2009, did not corroborate the evidence of the previous witnesses.

Harare Magistrate Moses Murendo on 28 May 2009 applied section 198(3) of the Criminal Procedure and Evidence Act and discharged the accused at the close of the state case. In his ruling he indicated that it was not necessary to put the accused to their defence. He concluded that the police had shown ignorance of the law, had wrongfully arrested the accused persons, and their testimonies had not established the essential elements of the offence. He stated that he did not understand why the police chose to arrest women who were spreading messages of love.

Coming hot on the heels of the acquittal of another human rights lawyer and Minister of Constitutional and Parliamentary Affairs, Advocate Eric Matinenga, ZLHR once again feels vindicated in its belief that human rights lawyers are being unlawfully, arbitrarily and vindictively persecuted by state agents merely for carrying out their professional duties.

In another case, Harare Magistrate Catherine Chimanda on Thursday 28 May 2009 deferred to Monday 1 June 2009 her ruling on Alec Muchadehama's application for refusal of remand.

Muchadehama's lawyers, led by Beatrice Mtetwa, also want the Attorney General, Johannes Tomana, and his law officers to be recused from handling the matter. The Officer in Charge, Law and Order, Chief Inspector Dowa, confirmed to Muchadehama's lawyers that the Attorney General had lodged the complaint which led to Muchadehama's arrest. As such, neither he nor any law officer in the Attorney General's office can be both the complainant and the prosecuting authority in the case due to the inherent conflict of interest that this raises.

In deferring the ruling on Muchadehama's application Magistrate Chimanda said she needed time to go through both the defence lawyers' and the State's submissions before arriving at a decision.
In its submissions the State also indicated that they would want Muchadehama's trial to commence on 17 June 2009.

Earlier on, Magistrate Chimanda struck off the reporting conditions for two senior journalists with the Zimbabwe Independent, namely Editor, Vincent Kahiya, and News Editor, Constantine Chimakure, who were arrested on Monday 11 May 2009 on charges of allegedly publishing and communicating falsehoods.

Magistrate Chimanda's decision came after defence lawyer Innocent Chagonda indicated that Kahiya and Chimakure had religiously complied with their bail conditions. Magistrate Chimanda also ordered that a notice given on 12 May 2009 by defence lawyers seeking to apply for a refusal of further remand of his clients still stands and should be made on 16 June 2009, after the State failed to bring to court the Investigating Officer in the case. The State also indicated that the trial of the journalists will commence on 16 June 2009 and undertook to serve State papers to the defence lawyers by 1 June 2009.

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