Muchadehama summoned for trial as persecution continues

Muchadehama was discharging his professional duties at the High Court, where he was representing four abductees who are seeking a referral of their matter to the Supreme Court, when he was served with summons at 13:13hrs by Detective Sergeant Jasper Musademba. Musademba had spent the better part of the morning and precious tax dollars waiting for the lawyer outside the courtroom in order to serve him, rather than serving the summons at his office, which was the address listed on the document.

Muchadehama was removed from remand on Monday 1 June 2009 by Harare Magistrate, Catherine Chimanda, who granted his application for refusal of further remand after determining that the State, represented by Prosecutor Tapiwa Kasema, had failed to show any reasonable suspicion that he had committed the alleged offence. The Magistrate also found that the State had failed to prove that Muchadehama had an intention to commit the offence.

Magistrate Chimanda ruled that the State’s evidence tendered in court did not show that Muchadehama caused High Court Registry officials to unlawfully cause the release from custody of his clients, Kisimusi Dhlamini, Gandi Mudzingwa and Andrison Manyere. She further held that if Muchadehama intended to defeat or obstruct the course of justice he would not have communicated with and notified Chris Mutangadura of the Attorney General’s Office in writing that he was seeking the release of his clients due to the lapse of the 7-day period in which the State was supposed to file its appeal but during which it had failed to do.

ZLHR believes that the swift revival of the case against Muchadehama is an attempt by the state to prevent him from dedicating his energies to properly representing his clients who are on trial on allegations of banditry, insurgency and terrorism in the High Court. The Attorney-General and his officers, who are also seized with the matters involving the abductees, are well aware that he represents these individuals and are blatantly seeking to intimidate, harass and prevent him from executing his professional mandate
by placing him on trial in the middle of all the other ongoing trials. As the Magistrate has already indicated, the charges against Muchadehama are flimsy and unsustainable. It is regrettable that valuable resources are being wasted on such malicious prosecutions, whilst the office of the Attorney General could be better utilizing resources and energies clearing up the backlog of cases which have unnecessarily filled up our prisons and
prosecuting real, rather than imaginary criminals.