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Gwisai and 5 others granted bail as court observes state has weak case
Zimbabwe Lawyers for Human Rights (ZLHR)
March 16, 2011

High Court Judge Justice Samuel Kudya on Wednesday granted bail to Munyaradzi Gwisai of the International Socialist Organisation (ISO) and 5 other human rights and social justice activists.

Justice Kudya ruled that the State's case against Gwisai and others as it stands was "weak". He noted that the state had not proved that the six detainees were flight risks who would abscond should they be granted bail. The judge further rejected state prosecutor Nyazamba's argument that, once released, the detainees would interfere with state witnesses as the state had only revealed the identity of one whose statement was attached to the Form 242 Request for Remand and had not named any other state witnesses. Justice Kudya noted that, although treason was a serious offence, it was a crime that was very difficult to prove especially if the state relied on the evidence of a sole witness. He further ruled that the state prosecutor had failed to prove how the release of the detainees would interfere with the safety and security of the public as he had contended during his submissions.

As part of the bail conditions, Justice Kudya ordered the 6 detainees to deposit US$ 2 000 each with the Clerk of Court, to report three times a week on Mondays, Wednesdays and Fridays at Law and Order, Harare Central Police Station, not to interfere with witnesses, surrender their travel documents, and reside at their given addresses.

Lawyers were unable to secure their release before close of business at the Magistrate's Court Clerk's office, but will attend to facilitating their freedom on Thursday morning.

The six were arrested on 19 February 2011 at a venue in Harare during a routine meeting of the ISO. They were then charged with allegedly attempting to subvert a government by unconstitutional means and later committing treason (which charge was presented during their initial remand at court) or as defined in the Criminal Law Codification and Reform Act.

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