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Government defies court ruling
MISA-Zimbabwe
April 14, 2005

Zimbabwean government officials on 13 April defied a court order to release on bail two British journalists on trial for allegedly breaching the Access to Information and Protection of Privacy Act (AIPPA) and the Immigration Act.

Norton magistrate Never Diza granted Toby Harnden and Julian Simmonds $1 million (USD 161) bail each and ordered the accused to remain in the custody of the British Embassy.

However, senior immigration officer Never Siziba is said to have told prison officials at Harare Remand Prison to ignore the court order.

Diza had initially granted them bail when they first appeared in court. The State, however, appealed against the granting of bail after it invoked a section of the Criminal Procedure and Evidence Act which allows the State to detain accused persons without bail for seven days.

The seven days expired on 13 April 2005 resulting in the granting of the bail which had initially been opposed by the State.

The magistrate is expected to make a ruling today at 2 pm after the defence applied for the acquittal of the two journalists at the close of the State case.

Harnden and Simmonds have pleaded not guilty to violating AIPPA by working in Zimbabwe as journalists without government accreditation during the parliamentary elections held on 31 March and overstaying visas granted to them as tourists.

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