Mudzingwa Granted Bail Then Re-detained | The Zimbabwe Times

Home >> Courts and Legal >> Mudzingwa Granted Bail Then Re-detained | The Zimbabwe Times

Topix: , Ashdown Park and Mabelreign, interfere with State witnesses, committing The Judge, Tsvangirai is now part, Justice Hungwe noted, investigations After Justice, Hungwe had granted bail, Human Rights ZLHR acting, liberty Comments, appeal Justice Hungwes, Criminal Procedure, immediately invoked Section 121, Justice Hungwe, invoked Section 121, Procedure and Evidence, procedure Mutangadura immediately, Justice Hungwe stated, Act counter, Justice Hungwes order, Attorney Generals, Section 121, Human Rights, Ashdown Park, Hungwe noted, Mabelreign Police, Manyere Mudzingwa, State witnesses, ZLHR acting, Justice Hungwes

HIGH Court Judge, Justice Charles Hungwe, on Thursday granted bail to two Movement for Democratic Change (MDC) members and a photo-journalist, who are accused of organising a series of bombings of police stations and railway lines.The judges order was, however, immediately suspended following the invocation of , Section 121 of the , Criminal Procedure and Evidence Act (CPEA) by a State lawyer Chris Mutangadura.Justice Hungwe granted bail to the three political detainees, namely Kisimusi Dhlamini, Gandhi Mudzingwa and Andrison Manyere after their lawyers applied for bail at the High Court.. The three were previously denied bail in February by Justice Yunus Omerjee, when he granted bail to four other co-accused, Chinoto Zulu, Regis Mujeyi, Zacharia Nkomo and Mapfumo Garutsa on the basis that there was apparent evidence that they had possessed offensive items such as ammunition.Justice Hungwe ordered Manyere, Mudzingwa and Dhlamini to deposit US$1 000 as bail and to report once every week on Fridays at , Mabelreign Police Station.In granting bail to the three , Hungwe Noted Latest News & pictures Zimbabwe">Justice Hungwe noted that the other four co-accused persons had not violated their bail conditions since they were granted bail in February.. , Justice Hungwe stated that the High Court can not ignore the fact that the MDC, which the three detainees are alleged to be linked to is now part of the coalition government and its leader Morgan , Tsvangirai is now part of the executive and hence the three are unlikely to commit the offence they are accused of committing.The Judge further ordered the three to remain at their given residential addresses in , Ashdown Park and Mabelreign until the case is finalized and not to , State Witnesses Latest News & pictures Zimbabwe">interfere with State witnesses or investigations.After Justice Hungwe had granted bail, and in what has become routine procedure, Mutangadura , Invoked Section 121 Latest News & pictures Zimbabwe">immediately invoked Section 121 of the Criminal , Procedure and Evidence Act a counter-measure, which government prosecutors often invoke to effectively defeat the bail order and retain the accused persons in custody for a further 7 days to allow the state the opportunity to file an appeal against the positive bail ruling.By noting an intention to appeal, , Justice Hungwes order to release the three accused persons was immediately suspended, and they will remain in custody.The Zimbabwe Lawyers for , Human Rights (ZLHR), acting on behalf of the accused, immediately condemned the continued invocation of Section 121 of the CPEA by representatives of the , Attorney Generals office saying the provision is the most abused provision in relation to political detainees, and aimed at frustrating the course of justice and deny accused persons their fundamental right to liberty.Comments .

Author: Our Correspondent
Published: Sun, 30th Aug 2009
Source: Daily News Zimbabwe