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Magistrate reserves judgement in media lawyer's case
MISA-Zimbabwe
May 28, 2009

Harare Magistrate Catherine Chimanda on 28 May 2009 deferred to 1 June 2009 ruling on the application for refusal of remand by prominent media and human rights lawyer, Alec Muchadehama.

State Prosecutor Tapiwa Kasema made an application for the postponement of the matter, which was Opposed by the Defence and dismissed by the Magistrate.

Alec Muchadehama who was represented by Beatrice Mtethwa argued strongly against her client's placement on remand. Mtethwa argued that the offence levelled against Muchadehama did not constitute a reasonable suspicion which warranted or justified either his arrest or placement on remand.

Mtethwa further argued that the alleged improper release of Muchadehama's clients, which forms the basis of the charges being levelled against him, were merely as a result of a difference in interpretation of the 7 days referred to in Section 121 of the Criminal procedure and evidence Act.

Mtethwa further noted that this interpretation was largely premised on one's legal opinion on the position of the law and that if an error of opinion were to be criminalised then no lawyer would be safe as legal practice was mainly about differing at the end of the day while the Judge or Magistrate acted as the arbiter in the dispute of opinion.

She continued to state that the alleged obstruction of justice was based on an authentic order of the High Court that had been duly signed by Justice Hungwe and presented to the Registrar who, acting independently had also agreed to the contents and validity of the order before the release of trio.

The Defence also alleged evidence of a 'malicious prosecution', stating that the Attorney General's office had acted improperly by ordering the police to arrest the accused and then prosecuting them instead of having instructed the conduct of the accused to be investigated.

State Prosecutor Kasema however argued against this stating that the AG's office had not abused its office as it was empowered under the constitution to prosecute anyone.

The Magistrate having heard the submissions of both parties reserved her judgement to enable her to peruse the points raised during the proceedings.

Background

The charges arise from allegations that Muchadehama connived with Justice Bhunu's clerk in facilitating the release on bail of freelance photojournalist, Shadreck Andrisson Manyere from Chikurubi Maximum Prison and Movement for Democratic Change activists Kisimusi Dhlamini and Ghandi Mudzingwa who were under hospital detention at the Avenues Clinic. They were released on 17 April 2009.

Muchadehama was part of the Defence team representing freelance photojournalist, Shadreck Andrisson Manyere and Movement for Democratic Change activists, Kisimusi Dhlamini and Ghandi Mudzingwa. The defence team facilitated the release on bail of Manyere on both the occasions of 9 April 2009 and recently on the 13 May 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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