Live updates on Pastor Evan Mawarire’s – denied bail remanded in custody till 17 February

  • Evan Mawarire was arrested at Harare International Airport on Wednesday after 6 months in exile.
  • He did not skip bail as people have alleged.  The charges against him were dismissed and when he left Zimbabwe he was a free man.
  • He has been charged with Subversion of a constitutionally elected government for organising protests in Zimbabwe and in New York.  You can read his warned and cautioned statement on these charges here.
  • He was also charged with  Insulting the national flag to brand criminal activities and  Wearing the flag while subverting the government.  You can read his statement on those charges here.
  • Yesterday he did not appear in court because the police did not have their paperwork in order and were not ready for trial.
  • He is being represented by Harrison Nkomo,  Advocate Fadzayi Mahere among other people

Court Room Updates:

  • A number of accused people are at the Magistrate’s Court in order to attend trials.  However, there is still no sign of Pastor Evan Mawarire
  • We are waiting for Pastor Evan and his legal team to be taken to Court. No time has been specified
  • Pastor Patrick Mugadza who made a “prophecy ” that President Mugabe will die on 17 October 2017 is also appearing in court today.
  • We do not understand what is going on today.  Pastor Evan must be at the courts by 16:30 hours,  according to the Constitution which states that an accused should be brought to court within 48 hours
  • Pastor Evan has finally arrived at the courts
  • Police are refusing to let people into court 6
  • Some war veterans are in the courtroom again today,  in solidarity with Pastor Evan Mawarire
  • Pastor Evan walks into courtroom holding a bible.  He is looking tired but seems to be in good spirits
  • Mawarire’s lawyer Harrison Nkomo complains that his client was detained by 9 members of central intelligence organisation at the airport  on Wednesday
  • State accuses pastor Evan of subverting a constitutionally elected government and planning to commit public violence
  • State accuses Pastor Evan of opposing the introduction of bond notes, calling for stayaways, organising protests in Zimbabwe and in tthe US
  • The state proposes that Pastor Evan should be remanded in custody until February 17, 2017
  • Nkomo asks the court, “what is wrong with asking a President to resign? He did not set up an army”
  • Mawarire’s Lawyer Harrison Nkomo argues that urging citizens to boycott passively is perfectly constitutional
  • Nkomo adds that Mawarire did no go to the army and tell them to stage a coup and argues that the state’s papers do not say that Mawarire’s actions were unconstitutional
  • Nkom adds that Pastor Evan never called for violent protests, but urged passive resistance and peaceful boycotts
  • Court is adjourned after submissions from both parties
  • People have to be moved to court 7 because its too dark in courtroom 6 and there are no lights
  • Magistrate comes back after almost an hour to deliver his ruling
  • Evan Mawarire denied bail and remanded him in custody until February 17 by Magistrate Elisha Singano.
  • Magistrate maintains that there is reasonable suspicion that he committed an offence.
  • Singano says right to demonstrate is in the Constitution but there are limitations as it’s not absolute
  • Organising boycott or resistance is unconstitutional says Magistrate
  • Pastor Evan was advised to apply for bail at the High Court, he will have to endure a very long weekend in the cells
  • Mawarire’s hope is that the High Court will be able to grant him bail on Monday
  • Pastor Evan is now getting into a  waiting prison van although he seems defiant.  He is waving at people and saying he will continue speaking out
  • Zimbabwe Lawyers for Human Rights will continue with efforts to release Pastor Evan

 


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