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Judge rules that Manyere make a fresh application for bail
MISA-Zimbabwe
May 11, 2009

High Court Judge, Justice November Mtshiya on 11 May 2009 ruled that freelance photojournalist, Shadreck Andrisson Manyere's bail application was properly before the court, dismissing State arguments hat the Manyere was precluded from making a fresh bail application.

The States argument was premised on the appeal lodged with the Supreme Court on 20 April 2009 against Manyere's release on bail.

Justice Mtshiya stated that Manyere's indictment on 4 May 2009, made it possible for the applicant to apply for fresh bail on the ground of changed circumstances. In addressing the contention of the State that the applicant could not apply for bail on the ground of the appeal filed with the Supreme Court, the Judge dismissed the argument as being merely academic, since in his view that appeal had been overtaken by events.

He further stated that would be illogical for Manyere to await a ruling by the Supreme Court which, even if it came in his favour as it would not liberate him. He stated that even an adverse ruling would equally make no material difference as the applicant would still have to approach the High Court for bail.

After the ruling, State Prosecutor Chris Mutangadura made an application to have the matter postponed to 13 May 2009 but the judge threw out the application stating that a bail application was by its very nature an urgent application and it could not be stalled. Justice Mtshiya ruled that the fresh bail application would be set down for hearing on 12 May 2009 instead.

Background

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. He was admitted to bail by Justice Hungwe on 9 April 2009 and released on 17 April 2009, after spending almost 4 months at Chikurubi Maximum Prison, only to be re-detained within two weeks of his release.

Manyere is currently detained at a Harare hospital as he fell seriously ill after his release on bail on 17 April 2009.

On 5 May 2009 Manyere, Mukoko and 14 other alleged saboteurs had their bail conditions revoked by Magistrate Catherine Chimanda who ruled that the court had no jurisdiction to entertain the matter. She also ruled that the indictment of the accused automatically suspended their bail and consequently remanded them in custody.

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