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Withdrawal of charges before plea against the Hon. F. C. Blackie
Legal Resources Foundation (LRF)
July 02, 2003

The Trustees of the Legal Resources Foundation welcome the decision to withdraw the specious charges of attempting to pervert the course of justice that had been brought against the Hon F. C. Blackie. It notes with concern, though, the suggestion that the State may yet proceed against Mr Justice Blackie by way of summons.

The State's conduct in this matter has been disgraceful from the outset. Without even contacting Mr Justice Blackie to get his version of the events, the police dragged him from his home in the early hours of the morning and incarcerated him incommunicado for three days. The courts have repeatedly stated that arrest should not be resorted to unless it is necessary, and this arrest was entirely unjustifiable. His subsequent detention was unlawful. Even if there was any substance in the charges, this was eminently a case where the State should have proceeded by way of summons.

The attacks made by the executive on the judiciary in recent years have seriously undermined the credibility and impartiality of the superior courts of Zimbabwe. These courts are being seen more and more as tools of the executive and not, as they should be, impartial upholders of the law.

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