Judge dismisses state attempt to prevent bail

justice.jpgHARARE - High Court Judge Justice November Mtshiya on Monday dismissed the
State's attempt to bar three political prisoners from lodging a fresh bail application with the High Court.

Defence lawyers had approached the High Court seeking bail on the basis
of changed circumstances following last week’s indictment of the three
abductees: Gandi Mudzingwa, Kisimusi Dhlamini and Andrison Manyere.

But the State argued that the detainees could not bring a fresh bail
application because a determination of their appeal against bail
granted by Justice Hungwe last month was still pending in the Supreme

The State also maintained that the three political prisoners were in lawful custody at the time of their indictment.

But Justice Mtshiya ruled that even if the abductees were on bail prior
to their indictment on May 4, such bail fell away as a result of the

Justice Mtshiya said the law allows for any person who is in custody to
apply for bail at any time and all persons who are immediately
committed to prison upon indictment can only be liberated on the basis
of fresh applications for bail.

Justice Mtshiya also cautioned Mutangadura regarding the strategy he
employed of initially raising a point in limine without at the same
time arguing the merits of the bail application saying it is "not a
good practice" and Mutangadura should "let the wheels of justice turn
fast," on bail applications, which by their very nature are urgent.


Post published in: Politics

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