News / Regional
Alleged Police murderers apply for bail
15 Jun 2011 at 22:34hrs | Views
MDC-T councillor Tungamirai Madzokere and 19 other party activists allegedly involved in the murder of police Inspector Petros Mutedza in Glen View last month yesterday applied for bail pending trial at the High Court.
Mr Charles Kwaramba of Mbidzo, Muchadehama and Makoni made the application for the 20 who asked the court to release them on US$300 bail each.
Mr Kwaramba told Justice Tendai Uchena to consider that his clients were presumed innocent until proven guilty.
This, he said, should tilt the case in their favour.
"They (accused) totally deny any involvement in this alleged crime, which the State has not taken as an ordinary offence.
"The State has described it as a gruesome death of a law enforcement agent," argued Mr Kwaramba.
"It's a mischief of presumption of innocence. It is a statement of conclusion by the State, but this is very bad that they (accused) should stay in custody.
"It is a statement, which convicts accused before they are even tried," he said.
The lawyer said his clients had no previous convictions and were suitable candidates for bail. Mr Kwaramba argued that his clients would not in any way abscond or interfere with State witnesses as stated in court papers.
Further, he averred that most of his clients had no links outside Zimbabwe and had no passports to use to flee the country.
"Save only for third accused Lazarus Maengahama who is employed in Botswana but who is prepared to surrender his passport and forego his employment until the matter is finalised."
Mr Edmore Nyazamba of the Attorney Genera's Office will make his oral response to the application today.
In its grounds for denying the suspects bail the State is arguing that the offence is serious and if convicted they are likely to face a death penalty.
This, the State avers will act as an inducement for suspects to abscond trial if granted bail.
Bail is also being opposed on the ground that the suspects might interfere with evidence, which defence dismissed saying all witnesses were police officers and could not be influenced.
Charges against the 20 MDC-T activists arose after they fatally assaulted Insp Mutedza together at Glen View 3 Shopping Centre on May 28.
His colleague sustained serious injuries.
The pair had gone to investigate an illegal meeting which, MDC-T youths were holding at the shopping centre.
Mr Charles Kwaramba of Mbidzo, Muchadehama and Makoni made the application for the 20 who asked the court to release them on US$300 bail each.
Mr Kwaramba told Justice Tendai Uchena to consider that his clients were presumed innocent until proven guilty.
This, he said, should tilt the case in their favour.
"They (accused) totally deny any involvement in this alleged crime, which the State has not taken as an ordinary offence.
"The State has described it as a gruesome death of a law enforcement agent," argued Mr Kwaramba.
"It's a mischief of presumption of innocence. It is a statement of conclusion by the State, but this is very bad that they (accused) should stay in custody.
"It is a statement, which convicts accused before they are even tried," he said.
Further, he averred that most of his clients had no links outside Zimbabwe and had no passports to use to flee the country.
"Save only for third accused Lazarus Maengahama who is employed in Botswana but who is prepared to surrender his passport and forego his employment until the matter is finalised."
Mr Edmore Nyazamba of the Attorney Genera's Office will make his oral response to the application today.
In its grounds for denying the suspects bail the State is arguing that the offence is serious and if convicted they are likely to face a death penalty.
This, the State avers will act as an inducement for suspects to abscond trial if granted bail.
Bail is also being opposed on the ground that the suspects might interfere with evidence, which defence dismissed saying all witnesses were police officers and could not be influenced.
Charges against the 20 MDC-T activists arose after they fatally assaulted Insp Mutedza together at Glen View 3 Shopping Centre on May 28.
His colleague sustained serious injuries.
The pair had gone to investigate an illegal meeting which, MDC-T youths were holding at the shopping centre.
Source - TNZ
