Defence lawyer Charles Kwaramba told SW Radio Africa he was hopeful his clients will be granted bail sometime this week. High court Judge Tendai Uchena reserved judgement on their bail application last week Thursday saying he needed more time to go through the defence and state arguments.
Kwaramba said Judge Uchena will notify them when he is ready to deliver his ruling on the bail application. He said all they could do now is wait and hope for the best.
“Only one of my clients, a worker who operates a pool table in one of the bars near the scene, was in the vicinity when the fracas broke out. But he like many others at the shopping centre fled the area and did not witness the police inspector being beaten up,” Kwaramba said.
The state alleges that Inspector Petros Mutedza was brutally stoned to death last month after trying to break up an illegal gathering of MDC-T supporters. The MDC-T has furiously denied the allegations.
Obert Gutu, the MDC-T’s Harare Province Secretary for Information and Publicity, recently dismissed the allegations saying there was no MDC-T meeting held in Glen View on that day.
Legal experts who have read the state outline have told SW Radio Africa there was nothing that linked the accused to the offence. Kwaramba has even challenged the state to particularise and state the role played by each suspect in the offence to prove ‘reasonable suspicion’ and the strength of the state’s case.
So far, the state has failed to present any tangible evidence that links the 20 MDC members to the murder, amid reports all the accused have strong alibis.
A good example is the case of Last Maengahama who was arrested together with his three brothers, Stanley, Edison and Lazarus. The MDC National Executive Committee member was at a church service during the skirmishes. There is also video footage filmed by one of the priests showing Maengahama among the parishioners.
Others being held in custody are councilor Tungamirai Madzokere and Yvonne Musarurwa. Immediately after their arrests the activists were severely assaulted by the police, denied access to food, family members and legal representation.
Most of them were picked up from their homes and workplaces and the MDC was quick to point out that before any investigations had been done the police rushed to the national press to blame the party.
The group will remain behind bars this week until the Judge makes a ruling on their bail.
Post published in: Zimbabwe News