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Machisa granted bail
Zimbabwe Human Rights Association (ZimRights)
Janaury 29, 2013

Okay Machisa was this morning granted bail subject to depositing security in the form of immovable property worth anything above $50 000. The immovable property clause came as an additional condition on those that the defense counsel had offered in its application which among them include paying $500 United States dollars, reporting to the police once and staying at his present home till the matter is put to finality.

The judge accepted that the magistrate misdirected himself in not dealing with whether Okay Machisa was flight risk or not, whether Okay was properly brought before the court (Okay is not ZimRights), and whether he would interfere with investigations. The matter is stood down until Mrs Mtetwa furnishes the court with the relevant additional security.

The judge accepted that Machisa is not a flight risk, he had the opportunity and ability to abscond since his accomplices were arrested on the 13th of December - he handed himself to police. He had not interfered with investigations for the duration of the month and is unlikely to do so now - in fact ZimRights had cooperated with investigators when required. The state had neither furnished both the lower and upper court with any evidence that Machisa had personally committed any conduct that is criminal nor provide basis for the assumption that as Director he is liable for all the activities of all members.

As at 0950hrs, a relative of the Machisa family had rushed home to collect relevant papers for his own property to secure his release.

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