Fri 10 Apr 2009
After having dismissed their original bail application in February, the High Court finally granted bail to MDC officials Chris Dhlamini and Gandhi Mudzingwa, plus journalist Shadreck Manyere on Thursday. But they will remain in police custody as the State immediately opposed the judge’s ruling.
Justice Charles Hungwe had granted bail to the three political detainees and asked them to deposit the sum of US$1,000 each, reside at their given addresses, not to interfere with witnesses and report once every Friday at their nearest police station.
But lawyer Andrew Makoni said: “As soon as the judgement was delivered Mr Mutangadura, who was representing the State, immediately advised the court of the provisions of Section 121 of the Criminal Procedures and Evidence Act and informed Justice Hungwe that the State intends to seek to apply for leave to appeal in the Supreme Court.â€
This means the three will remain in custody until such time as the State has appealed in the Supreme Court. The State has seven days to first of all apply for leave to appeal, in the High Court and then they file the appeal in the Supreme Court. This is the game that the government has played with all political detainees in the past.
The opposing of bail by the State comes just days after JOMIC’s co-chairperson, Welshman Ncube, had indicated that they were trying to persuade the authorities not to oppose bail for the three accused persons. Speaking on the Hot Seat programme last Friday Professor Ncube said: “So our job has been to try and secure the release on bail of these persons and this is why we have tried within the limits of the constitution to get the principals, the President, the Prime Minister, the Deputy Prime Minister, the Minister of Justice, the Attorney General to come to a conclusion whereby the State does not oppose the granting of bail to these people.â€
The three who were abducted in December are being accused of bombing police stations and railway lines. Four of their co-accused were released on bail in February but they remain in custody because the State claims they were found with explosive weapons. They deny these charges. Mudzingwa and Dhlamini are being held at the Avenues Clinic while Manyere is locked up at the notorious Chikurubi Maximum Security prison. They are among a group of civic and political activists kidnapped from their homes and workplaces between the months of October and December last year.
(Source)
