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Prosecutors refuse to release two British journalists from custody
Media Institute of Southern Africa (MISA), Windhoek
April 04, 2005

Zimbabwean prosecutors have refused to release two British journalists, using special powers to override a magistrate's order granting them bail.

At a 4 April 2005 hearing, Magistrate Never Diza had set bail of one million Zimbabwe dollars (approx. US$165) each for Toby Harnden, chief foreign correspondent for the "Sunday Telegraph", and his photographer colleague Julian Simmonds.

Prosecutors, who had argued against bail, immediately invoked a section of Zimbabwe's Criminal Procedure and Evidence Act, which set aside the magistrate's order and gave the government seven days to appeal against bail. The two journalists were taken to an awaiting truck and transported to a Harare prison.

Harnden and Simmonds were arrested in Norton, 40 km outside Harare, on 31 March, the day Zimbabwe held parliamentary elections. The pair were charged with covering the election without state accreditation, as required under the Access to Information and Protection of Privacy Act (AIPPA).

Background
A lawyer representing the British journalists filed an urgent application with the High Court for their release after they failed to appear in court three days after their arrest.

On 4 April, lawyer Beatrice Mtetwa said the pair was expected to appear in court that day. "We were supposed to go to court today but that never happened and we don't know why. The police officer dealing with the matter just disappeared," said Mtetwa. "I have filed an urgent High Court application for their release, because the 48 hours within which they should have been brought to court have expired."

Harnden and Simmonds risk two years' imprisonment if they are convicted under the terms of the AIPPA.

On 1 April, Secretary for Information and Publicity George Charamba told the government-controlled "Herald" newspaper that the journalists had been arrested for violating the country's laws. Charamba said they would be deported, however.

In recent years, Zimbabwe has arrested or deported dozens of journalists and denied others entry into the country under the AIPPA.

For further information, contact Zoé Titus,
Programme Manager,
Media Freedom Monitoring,
MISA, Private Bag 13386 Windhoek,
Namibia
Tel: +264 61 232 975,
Fax: +264 61 248 016,
E-mail: research@misa.org
Internet: http://www.misa.org

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