•   Remand hearing proceedings resume at the Harare Magistrates Court in the matter of The State vs. Kisimusi Dhlamini & Six Others before Magistrate Gloria Takundwa.•   Four of the detainees, namely Kisimusi Dhlamini, Andrison Manyere,
Regis Mujeyi and Mapfumo Garutsa are present in court while the other
three, namely Gandi Mudzingwa, Zachariah Nkomo and Chinoto Zulu, remain
at the Avenues Clinic where they have been admitted to receive
treatment.
•   Defence lawyer Alec Muchadehama confirms receiving copies of the
police report into allegations of torture against the political
detainees. Muchadehama tells Magistrate Takundwa that the police
investigations were not thorough and hence what it is contained in the
police report cannot be considered as investigations.
•   He says the investigations do not reveal certain details such as
the identity of the people who abducted the accused persons and where
they were detained incommunicado before their handover to the police.
•   Muchadehama says the police did not make any effort to interview
the accused persons as ordered by the court and hence they connived to
tell lies and make misrepresentations to the court.
•   He accuses the police of attempting to defeat the course of
justice and attempting to exonerate themselves. Muchadehama asks
Magistrate Takundwa to order the police to carry out new and proper
investigations into allegations of torture.
•   State prosecutor Florence Ziyambi insists that the police report
contains details of what the police investigated and what they found
out. She states that the police restricted their investigations to
events from 22 December 2008 because that is the day when the accused
persons were allegedly handed over into police custody.
•   At around 12:38hrs, Magistrate Takundwa adjourns court proceedings.
•   Court proceedings resume at 12:54hrs.
•   Ziyambi asks Takundwa to defer remand hearing proceedings to 06 February 2009.
•   Muchadehama informs Takundwa that four of the accused persons
namely Andrison Manyere, Kisimusi Dhlamini, Regis Mujeyi and Mapfumo
Garutsa have not been taken to the Avenues Clinic for medical
examination and treatment as ordered by Justice Karwi on 16 January
2009. The order remains defied even after another was order issued on
Monday 16 February 2009 which sought to clarify the 16 January 2009
order, ordering that the remaining detainees should be taken to the
Avenues Clinic in pairs of two.
•   He asks the State to assure the accused persons that it will order
prison officials to take them to the Avenues Clinic. Muchadehama tells
the court that he would prefer Kisimusi Dhlamini and Regis Mujeye to be
the first pair taken to the Avenues Clinic as their latest medical
reports reveal that they need urgent medical attention. The lead
defence lawyer says Dhlamini urgently needs a surgical operation of his
left ear to avoid permanent hearing impairment, due to injuries
suffered during his torture in incommunicado detention which have not
been treated.
•   He also stresses that accused persons should now be notified of
their trial date since they have been in custody for a lengthy period.
He adds that the State must expedite its so-called investigations and
says he is comfortable with having the accused persons remanded to 03
March 2009. Muchadehama accuses the State of asking for more time to
carry out further investigations solely to delay the accused persons'
bid for freedom.
•   Ziyambi maintains that investigations are not yet complete and
would be complete by 27 February 2009 as one of the State witness, who
was out of the country is now back in the country.
•   She tells the Court that prison officials are insisting on having
sight of Karwi's clarification order and states that she will pass
through the High Court to check whether the High Court order is ready
for collection and to be served to prison officials. Ziyambi insists
that the accused persons will not suffer any prejudice if they are
remanded to 06 March 2009.
•   Muchadehama tells Magistrate Takundwa that the State is not
committed to having the accused persons tried within a reasonable time
as is constitutionally required, and that there is no point in denying
them a trial date merely on the basis that the first term of the High
Court is allegedly full. He insists that the State must expedite its
investigations and furnish the accused persons with a trial date.
•   Magistrate Takundwa orders that the accused persons be taken
immediately to the Avenues Clinic for examination and treatment in
accordance with the various High Court orders. She also orders the
State to give a trial date for the accused persons.
•   Takundwa then postpones remand hearing proceedings to 06 March 2009.
Post published in: Politics