Judge recuses self from MDC-T officials bail appeal

The High Court Judge who was presiding over the bail appeal of four MDC-T officials arrested after they reportedly compiled "dockets" against Government officials they accused of being corrupt, has recused himself after indicating that he once worked with three of them.

Justice Joseph Musakwa recused himself after he reportedly indicated that he worked with three of the appellants when he was the director of public prosecutions.

Thabani Mpofu, Felix Matsinde and Mehluli Tshuma and former Harare councillor Warship Dumba are facing charges of impersonating the police, possession of articles for criminal use and breaching the Official Secrets Act.

Mpofu is facing two additional charges of contravening the Firearms Act after he failed to renew his firearm certificate and did not secure it adequately.

Harare lawyer Beatrice Mtetwa was also arrested for allegedly obstructing the course of justice by trying to stop the arrests.

The quartet, represented by Mr Alec Muchadehama, Ms Phillipa Dube and Mr Chris Mhike, later appeared before Justice Chinembiri Bhunu.

In the appeal, Mr Muchadehama said the Harare magistrate  Ms Marehwanazvo Gofa was misdirected when she denied the four bail.

"Several arguments were made for the granting of bail before the presiding magistrate. She came out with four lines in her ruling and we have an appeal against the magistrate's refusal to grant bail pending trial on the basis she misdirected herself.

"We will rely on averments in the bail statements and authorities cited and she (Ms Gofa) told the court the accused are facing serious offences which interfere with public security and safety.

"She added that there is a likelihood they will abscond considering the seriousness of the offence and those were the only reasons she tabled before the court."

He said these reasons were inadequate.

"Even the State accepts there were no detailed reasons in her ruling. She should have acted judiciously and granted bail where it was warranted since we even proposed onerous bail conditions," Mr Muchadehama said.

He said the State failed to prove the appellants would interfere with investigations and should have done so in an affidavit or viva voce.

Mr Edmore Nyazamba from the Attorney General's Office said the magistrate's decision was arrived at after she took into account what was said.

"It should be noted the decision was supported by law and it is clear the appellants are facing serious allegations and they will interfere with investigations. Upon their arrest some of the items the police intended to recover were caused to disappear from the place where the offence was committed.

"They are facing an offence which interferes with State security and the court did not misdirect itself," Mr Nyazamba said.

Justice Bhunu will rule on the matter today.