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Police defer reporting conditions
MISA-Zimbabwe
September 28, 2004

The police were on 28 September 2004 still to formerly charge Vincent Kahiya, the editor of the privately –owned Zimbabwe Independent five days after he was arrested on allegations of abusing journalistic privilege under the Access to Information and Protection of Privacy Act (AIPPA).

Kahiya, Raphael Khumalo, the publishing company’s general manager, and reporter Augustine Mukaro, were arrested on 23 September 2004 following 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 10 am before being released around 4pm on the same day.

They were asked to report back to the police station on 28 September 2004 after the police had recorded their warned and cautioned statements accusing them of breaching Section 80 C (ii) of AIPPA, which deals with abuse of journalistic privilege.

Kahiya, however, told MISA-Zimbabwe that the police had on 27 September 2004 advised them not to report at the police station on the agreed date as they were still working on the case.

"They told us not to come today (28 September) or tomorrow but that they would get back to us when they were ready after I had phoned them enquiring on when exactly they expected us to report back at the police station," said Kahiya.

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 imprisonment.

On 30 July 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.

Meanwhile, Kahiya, former Zimbabwe Independent editor, Iden Wetherell and former chief reporter, Dumisani Muleya, reporter Itai Dzamara, are on remand facing charges of criminal defamation.

Dzamara co-authored a story titled: Mugabe grabs plane for Far East Holiday" with Muleya. The state alleges that the story is false and defamatory to President Robert Mugabe.

Wetherell, Kahiya and Muleya who are on $20 000 bail each, spent two days in police cells after they were arrested on 10 January 2004 following publication of the story. The four journalists are expected to appear in court this Friday ( 1 October 2004).

Wetherell is now the company’s group projects editor while Kahiya and Muleya have since been promoted to editor and news editor, respectively.

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