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Journalists released
Media Institute of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
January 12, 2004

Zimbabwe Independent newspaper Editor, Iden Wetherell, News Editor, Vincent Kahiya and Chief reporter Dumisani Muleya have been released on bail by the magistrate's court. The three were granted $20 000 ($24US) bail each on 12 January.

The Magistrate's court quashed a recommendation by the Attorney General's office for bail to be set at $100 000 ($122US) and also that the three surrender their passports and report to they police once every fortnight. The journalists who were represented by Advocate Edith Mushore who was being instructed by lawyer, Linda Cook of Atherstone and Cook, told the magistrate that the continued detention of the three would prejudice the Zimbabwe Independent newspaper as they are all senior staff. She also said that the three were unlikely to abscond as they are all citizens of Zimbabwe. The state did not oppose bail.

Although the police had indicated that the journalist would be charged under section 80 of the Access to Information and Protection of Privacy Act (AIPPA), the charge sheet showed that the three were charged for criminal defamation, which is a common law offence. The magistrate remanded the three to 29 January 2003.

Background
The police on Saturday 10 January arrested Zimbabwe Independent newspaper editor Iden Wetherell, news editor Vincent Kahiya and Chief Reporter Dumisani.

The three were picked up in the morning and afternoon and detained at the Harare Central police station. The three are expected to appear in court today (12 January). The police allege that the three denigrated President Robert Mugabe by publishing a story that the president "commandeered" an air Zimbabwe plane to take him to Asia. The police said they have charged the three under Section 80 of the Access to Information and Protection of Privacy Act and would consider charging them under the Public Order and Security Act (POSA) as well.

President Mugabe is on a private visit to Asia. And the Zimbabwe Independent on 11 January reported that Air Zimbabwe had cancelled some flights to take him there. The story was immediately dismissed by Information and Publicity Minister Jonathan Moyo who called it criminally false. Minister urged law enforcement agencies to act on the three. Moyo said they story was "a deliberate falsehood meant to bring the reputation of the President into disrepute".

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