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Photojournalist makes a fresh bail application
MISA-Zimbabwe
May 13, 2009

High Court Judge, Justice November Mtshiya on 12 May 2009 heard submissions for a fresh bail application by detained freelance photojournalist Shadreck Andrisson Manyere and reserved ruling on the matter to 13 May 2009.

Defence lawyer, Charles Kwaramba who appeared for Manyere argued that the applicant was a proper candidate for bail stating that there was no risk that he would abscond trial or interfere with State witnesses or evidence if committed to bail. He further highlighted the fact that Manyere had been granted bail before for more than a week during which time he had neither attempted to take flight, nor interfere with State witnesses.

Kwaramba further argued 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

The State represented by Prosecutor Chris Mutangadura, on the other hand, argued that the possibility of Manyere's escape remained high given the gravity of the alleged offence he was facing. He also argued that Manyere could commit similar offences if committed to bail, and therefore his release could pose danger to public order and security.

The Defence argued against the State noting that the alleged offences were still mere allegations that had not even been proved yet.

Justice Mtshiya said that he needed more time to go over the submissions of both parties and deferred his judgement to 13 May 2009.

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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