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The Legal Monitor - Issue 16
Zimbabwe Lawyers for Human Rights (ZLHR)
October 12, 2009

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Persecution continues

It will be a hectic week at two of the country's Magistrates Courts as cases involving Deputy Agriculture Minister- Designate and Movement for Democratic Change (MDC) treasurer Roy Bennett and prominent human rights lawyer Alec Muchadehama commence in Mutare and Harare respectively.

First to stand trial at the Mutare Magistrates Courts on Tuesday will be Bennett who was arrested in February as he prepared to leave for South Africa to join his family in celebrating St Valentine's Day and his birthday. Bennett will stand trial for allegedly contravening section 10 (1) of Public Order and Security Act (Chapter11:17).

The State alleges that the former Chimanimani legislator was found in possession of weapons with an intention to commit sabotage, terrorism, banditry and insurgency. He is also accused of contravening section 25 (1) of the Immigration Act in that he did not present himself to an immigration officer at a port of exit when he prepared to leave for South Africa from Charles Prince Airport, which was thrown out at the initial remand proceedings.

Bennett's lawyer, Trust Maanda, who is a member of Zimbabwe Lawyers for Human Rights, said if the trial fails to commence on Tuesday he will apply for the removal of his client from remand as the trial would have failed through no fault of Bennett.

Maanda disclosed that the State had not yet supplied Bennett with the State papers including the State outline, charge sheet, witnesses' statement and any other documents or exhibits that it will rely on in the prosecution of the Deputy Minister-Designate to enable him to prepare his defence in spite of the numerous requests for such papers.

In Harare, Muchadehama, a human rights lawyer who has successfully represented several human rights activists including victims of State sponsored abduction and torture will stand trial on Wednesday for alleged contempt of court.

Muchadehama, who is jointly charged with Constance Gambara, the clerk of High Court Judge Chinembiri Bhunu is accused of causing the illegal release from Chikurubi Maximum Prison of freelance photo-journalist Andrison Manyere and two senior Movement for Democratic Change (MDC) officials Kisimusi Dhlamini, the party's director of security and Gandhi Mudzingwa, the Principal Director Infrastructure Cluster, in the Prime Minister's Office in April. The three were being detained following their abduction by State security agents late last year.

The state alleges that Muchadehama and Gambara "unlawfully and intentionally impaired the dignity, reputation or authority of a court or realising that there was real risk or possibility of impairing the dignity, reputation or authority of a court" by causing the release of the three abductees from prison whilst they were aware of Justice Bhunu's judgment in which he granted the State leave to appeal against an earlier bail order by Justice Charles Hungwe.

In July State prosecutors failed to nail Muchadehama on the same contempt of court charges after Harare Magistrate Munamato Mutevedzi described the performance of prosecutors as "nonsense and ineptitude of the worst type".

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