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This article participates on the following special index pages:
Index of articles on enforced disappearances in Zimbabwe
Chief
Justice Chidyausiku dismisses bail application by freelance photojournalist
MISA-Zimbabwe
April 06, 2009
Supreme Court Chief Justice,
Godfrey Chidyausiku on 6 April 2009 dismissed the bail application
filed by freelance photojournalist Shadreck Anderson Manyere.
In justifying his decision,
Chief Justice Chidyausiku argued that he had found no evidence that
the High Court had misdirected itself in denying bail to the accused
in the initial application.
He noted that there was
need for a distinction between Manyere's case and that of
his co-accused who were been granted bail on 3 March 2009; citing
that whereas his co-accused had been implicated on the basis of
confessions, Manyere had actually been found in possession of the
incriminating evidence.
Chief Justice Chidyausiku
further observed that the issue of whether the candidates were suitable
candidates for bail had not come into question since there had been
no challenge against the judgement by Judge Karwi. He further argued
that in the absence of such a challenge or appeal, the Supreme Court
could not make a determination on the issue.
Manyere was represented
by Charles Kwaramba and Andrew Makoni.
Makoni informed MISA-Zimbabwe,
after the judgement had been handed down, that they would have to
go back to their client to get fresh instructions on how to proceed.
Background
Manyere first
appeared before the Harare Magistrates Courts on 24 December 2008
together with Zimbabwe
Peace Project director Jestina Mukoko after he went missing
whilst taking his vehicle to a garage in Norton about 40km west
of Harare on 13 December 2008.
He made a bail application
to the High Court on 19 February 2009 which was dismissed by Justice
Yunus Omerjee. However, the same judge later granted him leave to
apply to the Supreme Court citing the fact that the court had misdirected
itself when it denied bail to the accused.
Manyere is charged
under section 23 (1), (2) of the Criminal
Law (Codification and Reform) Act which criminalises acts of
insurgence, banditry, sabotage or terrorism or alternatively Section
143 of the same Act which relates to aggravating circumstances in
relation to malicious damage to property.
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