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British journalists acquitted on AIPPA charges
MISA-Zimbabwe
April 14, 2005

British journalists Julian Simmonds and Toby Harnden have been acquitted on charges of practicing journalism in Zimbabwe without accredititation in terms of the Access to Information and Protection of Privacy Act (AIPPA) following their arrest last month.

Norton magistrate Never Diza on 14 April 2005 ruled that the State had failed to prove its case against the two journalists who were arrested in Norton during Zimbabwe’s parliamentary elections on 31 March 2005.

The two journalists had pleaded not guilty to the AIPPA charges arguing that they were in the country as tourists and not for purposes of covering the elections.

Diza said the State had failed to establish a case for the accused persons to answer adding that the evidence that had been led by its witnesses was confusing.

Harnden and Simmonds were arrested at a polling station in Norton, about 40km outside Harare where they had been accused of taking photographs of people who queuing to vote.

Diza said the State had not produced the camera that had been used including the pictures that had allegedly been taken by the accused. He said the State had also not led evidence from the Media and Information Commission, which is empowered with the accreditation of journalists.

His ruling followed an application by their lawyer Beatrice Mtetwa for their discharge arguing that the State had failed to prove its case against the two journalists.

The magistrate, however, ruled that the two should be put to their defence on the charges of violating the Immigration Act by overstaying the visas granted to them as tourists.

Several journalists have been arrested under AIPPA but no journalists have been convicted under the Act which has widely been condemned as vitiating against media freedom and freedom of expression.

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