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Journalists arrested
MISA-Zimbabwe
September 23, 2004

Vincent Kahiya, Raphael Khumalo, and Augustine Mukaro, the editor, general manager and reporter, of the privately owned Zimbabwe Independent, were on 23 September 2004, arrested by the police on allegations of abusing journalistic privilege under the Access to Information and Protection of Privacy Act (AIPPA).

The arrest of the three follows the publication of a story linked to the treason trial of Morgan Tsvangirai, the leader of the opposition MDC.

The three who were detained at Harare Central Police Station were picked up from their workplace in Harare at 10am.

Confirming the arrests, Iden Wetherell, the publishing company’s group projects editor, said the police had recorded warned and cautioned statements from the three before releasing them at around 4pm today.

Their lawyer, Linda Cook, said they had been charged under Section 80 C (ii) of AIPPA, which deals with abuse of journalistic privilege.

Section C (ii) stipulates that a journalist who abuses his journalistic privilege by recklessly, or with malicious or fraudulent intent, representing it as a true statement shall be guilty of an offence and liable to a fine or imprisonment of two years or to both such fine and such imprisonment.

Cook said the police had asked her clients to report back at Harare Central Police Station at 9am on 28 September 2004.

On 30 July 2004 the Zimbabwe Independent published a story, which said judgment in the Tsvangirai treason trial had been postponed indefinitely on 29 July 2004 because the assessors had not been given a chance to input into Judge President Justice Paddington Garwe’s judgment.

Tsvangirai is being accused of plotting to assassinate President Robert Mugabe. Judgment has now been set for 15 October 2004.

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