HARARE - The High Court on Tuesday freed six former army officers charged with plotting to overthrow President Robert Mugabe in 2007.
Albert Mugove Matapo, Silas Sarezi Shonhiwa, Phillip Chivhurunge, Ruperts Chimanga, Bigknows Wairesi and Lucky Mhungu have been in remand in prison since their arrest in 2007 on charges of plotting a coup.
“It is apparent that the appellants should not have been commuted to custody,” said High Court judge Justice Yunus Omerjee yesterday.
Earlier in July last year, the High Court had ordered their release on grounds that they should have been brought for trial within the prescribed six months as required by law. Prosecutor re-indicted them, forcing the six to lodge another appeal in the High Court seeking an order overturning the re-indictment. The six have pleaded their innocence right from the start on charges of plotting to overthrow Mugabe and install Defence Minister Emerson Mnangagwa.
Last year, the accused attempted to break out of Chikurubi Maximum Security Prison but the bid was foiled. They were taken to court on a further charge of attempting to escape from lawful custody and argued that they had been confined to the condemned FB1 cells at the maximum security prison for an inordinately long time. They said the conditions in the cells were unfir for human habitation.
The magistrate handling the case then ordered an inspection-in-loco of the cells to ascertain their claims. Judicial officers, including a regional court magistrate, a prosecutor and lawyers involved in the trial of the accused men, visited the cells to do an inspection in-loco last week.
The inspection was prompted by an application by the defence team of Charles Warara and Gift Nyandoro in terms of Section 24 of the Constitution who argued the State was violating constitutional rights of his clients and wanted the case referred to the Supreme Court for determination.
The lawyers argued the accused had been subjected to conditions akin to punishment without trial since their arrest four years ago. That matter has been set down for a hearing in two weeks after one of the State witnesses fell sick.
In the meantime, they have been freed on bail.
Post published in: Politics