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British journalists refused bail
MISA-Zimbabwe
April 04, 2005

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

Magistrate Never Diza had set bail of 1 million Zimbabwe dollars (80 pounds) each for Toby Harnden, chief foreign correspondent for the Sunday Telegraph, and photographer colleague Julian Simmonds at Monday's hearing.

But prosecutors, who had argued against bail, immediately on Monday 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 prison in Harare.

The pair were arrested on Thursday in Norton near the capital and charged with covering Zimbabwe's parliamentary election without the state accreditation required by the country's strict media laws.

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

Toby Harnden, chief correspondent for the London Sunday Telegraph and his photographer, Julian Simmonds, were arrested in Norton, 40km outside Harare on 31 March 2005, the day Zimbabwe held its parliamentary elections.

The two were arrested on charges of covering the elections without accreditation as required under the Access to Information and Protection of Privacy Act (AIPPA).

Their lawyer, Beatrice Mtetwa told Reuters on 4 April 2005 that the pair were expected to appear in court today.

"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."

They risk two years imprisonment if they are convicted in terms of AIPPA. George Charamba, the secretary for information and publicity, on Friday told the government-controlled Herald that the two had been arrested for violating the country’s laws.

He, however, said they would be deported. Zimbabwe has over the years arrested or deported dozens of journalists and denied others entry into the country under AIPPA.

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