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The Legal Monitor - Issue 25
Zimbabwe Lawyers for Human Rights (ZLHR)
December 14, 2009

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Free at last

Tormented human rights lawyer Alec Muchadehama has criticised Attorney General (AG) Jonannes Tomana's Office and the police for maliciously prosecuting him on spurious contempt of court charges.

Muchadehama, who was acquitted last Thursday at the close of the State case by Bulawayo regional Magistrate Fadzai Mthombeni, accused the AG's Office of acting as an extension of the dreaded Central Intelligence Organisation (CIO) in prosecuting him.

"The prosecution was malicious. The AG and the police have been responsible for what I have gone through. The AG and the police are at the forefront of violating people's rights. I have been hunted down by the police at home, at work and on the streets. (Detective Inspector Henry) Dowa has pursued me using no less than 10 officers. All these things have been a result of the AG plotting on this case," said Muchadehama. "Those two offices (AG's Office and CID Law and Order) as currently constituted are being manned by prosecutors, tormentors and torturers. The AG is operating as an extension of the President's Office," he added.

Muchadehama had been on trial since June for allegedly facilitating the illegal release from Chikurubi Maximum Prison of freelance photo-journalist Andrison Manyere and two Movement for Democratic Change (MDC) officials Gandhi Mudzingwa and Kisimusi Dhlamini, who had been granted bail by High Court Judge Justice Charles Hungwe.

In acquitting Muchadehama - and his co-accused Constance Gambara, the Clerk of High Court Judge Justice Chinembiri Bhunu, ironically on International Human Rights Day, - Magistrate Mthombeni said the State had failed to establish a prima facie case against the duo.

Magistrate Mthombeni said no reasonable court could convict Muchadehama and Gambara because the State's evidence which was led in court did not spell out an offence.

Magistrate Mthombeni said there were loopholes in the State's case as the prosecution did not file its appeal against Justice Hungwe's order granting bail to Manyere, Mudzingwa and Dhlamini

Muchadehama, whose trial was marred by drama as proceedings had to be adjourned, postponed and restarted, vowed that he will not tire in providing legal representation to human rights defenders.

"In terms of human rights people must use all means necessary to defend human rights. I will have to try hard in terms of advocating for the respect of people's rights. The best way to repay is to expose them (perpetrators) and hold them accountable. People must never think that they can violate people's rights and get away with it," said Muchadehama.

Gambara, who was arrested and detained at a time when she was breastfeeding, said she felt relieved after the acquittal.

"I am happy. That is part of life," said Gambara.

Commenting on the duo's acquittal ZLHR said it 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.

"The acquittal of Muchadehama proves that the police continue to effect arbitrary arrests without first carrying out investigations and establishing a reasonable suspicion that a crime has been committed," ZLHR said in a statement.

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