HARARE - Prominent human rights Alec Muchadehama Muchadehama was jointly charged with Constance Gambara, the clerk of High Court Judge Chinembiri Bhunu, for allegedly misleading prison officials last April to release MDC-T activists Kisimusi Dlamini, Gandhi Mudzingwa and freelance photographer Andrison Manyere from Chikurubi prison.
The state claimed that Muchadehama and Gambara caused the unlawful release of the photographer and the two MDC activists when they were fully aware that the state had appealed against an earlier High Court bail order for the three.
But Mthombeni acquitted Muchadehama and Gambara at the close of the states case saying there was no prima facie case warranting the two to be put to their defence.
Mthombeni ruled: From the evidence led in court a reasonable court cannot convict the accused persons. There is no prima facie case that warrants putting the accused persons to their defence. The court therefore discharges the accused persons at the end of the state case and maintains a not guilty verdict.
In a statement following the acquittal of Muchedehama, the Zimbabwe Lawyers for Human Rights said the ruling was further evidence that the police and the attorney generals department were using the law as a tool of persecution rather than prosecution.
The lawyers group said: ZLHR feels vindicated in its belief that human rights lawyers are being unlawfully, arbitrarily and vindictively persecuted by state agents merely for carrying out their professional duties.
The acquittal of Muchadehama proves that the police continue to effect arbitrary arrests without first carrying out investigations and establishing a reasonable suspicion that crime has been committed.
Post published in: Politics