HARARE -- The State has invoked the notorious section 121 of the Criminal Procedure and Evidence Act to deny MDC transport manager Pascal Gwezere, who is being accused of stealing 20 AK47 riffles and a shotgun from an army barracks, his freedom.High Court Judge Justice Charles Hungwe had granted Gwezere a US$500 bail but the State represented by Tawanda Zvekare stood and invoked section 121 arguing that the State would like to appeal against the judgment.
The State is given seven days to appeal against a judgment by invoking section 121 of the CPEA and the suspects will have to remain in custody during the same period.
A disappointed Alec Muchadehama said the decision by the State to invoke section 121 was a clear abuse of the law.
“This just an abuse of the section and you know we are challenging it at the Supreme Court. This has been used since the year 2000 to harass MDC activistsand to anyone who they do not like. The judge had made a well reasoned judgment that the right to liberty was a fundamental right,” said Muchadehama.
He added that it was now in the public domain that there is a selective application of “not only this section but the law itself”.
“The Attorney General’s office is now simply part of the State machinery, they are more like the state security agent and the police,” he said.
In his judgment Justice Hungwe had said the right to liberty was the most fundamental human right of all and Gwezere was entitled to his liberty.
“The State has failed to give a substantive reason to show that the accused person is most likely going to abscond. In fact the subimissions made by the investing officer (Superintendent Charles Ngwirishi) shows that the applicant (Gwezere) is unlikely to abscond.
Applicant has got the right to enjoy his liberty until the trial is heard by the courts. Therefore this application succeeds,” said Hungwe granting Gwezere bail.
He also set that Gwezere will continue to reside at the given residential address and report twice a week, that is, Mondays and Fridays at the Harare Central Police Station as well as not interfere with witnesses.
Justice Hungwe also revealed that the investigating officer failed to prove that Gwezere know the other suspects who are still on the run.
The State had also failed to link Gwezere to the stealing of the arms as it intends to call witnesses who will reveal that they approached Gwezere with the intention of selling to him the stolen arms.
It was also revealed during the hearing that the police had arrested four people in connection with the arms theft and all the arms ahd been recovered.
Some of the people arrested are serving members of the army while others are “known army deserters”.
Post published in: Politics