Eighty-nine people who were rounded up and detained by police on 31 March during anti-government protests were, on Wednesday, 14 May, granted US$100 bail each by High Court judge Justice Esther Muremba, following an appeal.
The suspects had spent a month and a half in custody after being denied bail by a magistrate. Others who were jointly charged with the 89 had earlier been granted bail by the High Court. Justice Muremba ordered:
The appeal by all the appellants be and is hereby allowed. The decision by the court a quo denying the appellants bail be and is hereby set aside and in its place is substituted by the following: Each accused shall deposit US$100 with the Clerk of Court at Harare Magistrates Court.
Until the matter is finalised, each accused shall reside at the address listed in the schedule submitted to the State and the court by the accused’s counsel during the appeal hearing.
Justice Muremba ordered that all suspects, except Joseph Gatsi, Kudzanai Murungweni, Memory Dehwe, and Munyaradzi Kanonama, report to CID Law and Order in Harare every second Friday between 6 AM and 6 PM until the case is finalised.
Gatsi must report to Chegutu Police Station, Murungweni to Sanyati, Dehwe to Rusape, and Kanonama to Glendale. All were instructed not to interfere with investigations.
During last week’s hearing, the judge criticised the National Prosecuting Authority, telling prosecutor Charles Muchemwa his docket was empty and the case “as good as dead.”
She noted the absence of witness statements as evidence that the state had nothing incriminating against the accused. Said the judge:
Out of 95, there are only 15 statements by arresting details explaining where the accused were arrested. If we are to proceed to trial, what evidence are you going to use against them?
It shows that you have nothing in your docket. How can you have a whole lot of people in custody without witnesses?
So that after two years, you can withdraw charges after they have languished in prison? Is the state being fair?
Muchemwa conceded the lower court erred in denying bail and, under pressure from the judge, admitted the case may be difficult to prosecute.
More: ZimLive
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