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High Court slams State over delays in protest case involving 95 accused
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High Court judge Justice Esther Muremba on Monday sharply criticised the State for its handling of a case involving 95 individuals who were arrested over a month ago for allegedly staging protests against President Emmerson Mnangagwa, without sufficient evidence or recorded witness statements.
The accused were arrested on March 31 during what authorities allege were anti-government demonstrations. While one of the suspects, Munyaradzi Mazhiri, was granted bail last month by Justice Philipa Philips, the remaining 94 are seeking relief through the High Court after being denied bail by a Harare magistrate.
Represented by lawyer Jeremiah Bamu, the accused claim they were victims of a dragnet arrest and had no involvement in the protests. In court, Charles Muchemwa, appearing for the National Prosecuting Authority (NPA), admitted that the lower court had erred in denying bail and conceded that proceeding with prosecution could prove difficult.
Justice Muremba expressed outrage over the State's failure to compile proper evidence, revealing that only 15 arresting officers had submitted statements, despite the number of accused standing at 95.
"Out of 95, there are only 15 statements by arresting details explaining where the accused were arrested," Muremba said. "If we are to proceed to trial, what evidence are you going to use against them? It shows that you have nothing in your docket."
She continued, "How can you have a whole lot of people in custody without witnesses, so that after two years you say then withdraw charges against them after they have rotted in prison - is the State being fair?"
Cornered by the judge, Muchemwa admitted, "We might be facing difficulties in prosecuting them. That will be a mammoth task."
He further acknowledged that there was no material distinction between Mazhiri, who was granted bail, and the remaining 94 suspects. He also conceded that the magistrate had overlooked sworn affidavits submitted by the accused during the initial bail hearing.
Justice Muremba reserved judgment in the bail appeal to Friday, casting a spotlight on concerns over prolonged pretrial detentions and prosecutorial inefficiencies in politically charged cases.
The accused were arrested on March 31 during what authorities allege were anti-government demonstrations. While one of the suspects, Munyaradzi Mazhiri, was granted bail last month by Justice Philipa Philips, the remaining 94 are seeking relief through the High Court after being denied bail by a Harare magistrate.
Represented by lawyer Jeremiah Bamu, the accused claim they were victims of a dragnet arrest and had no involvement in the protests. In court, Charles Muchemwa, appearing for the National Prosecuting Authority (NPA), admitted that the lower court had erred in denying bail and conceded that proceeding with prosecution could prove difficult.
Justice Muremba expressed outrage over the State's failure to compile proper evidence, revealing that only 15 arresting officers had submitted statements, despite the number of accused standing at 95.
"Out of 95, there are only 15 statements by arresting details explaining where the accused were arrested," Muremba said. "If we are to proceed to trial, what evidence are you going to use against them? It shows that you have nothing in your docket."
She continued, "How can you have a whole lot of people in custody without witnesses, so that after two years you say then withdraw charges against them after they have rotted in prison - is the State being fair?"
Cornered by the judge, Muchemwa admitted, "We might be facing difficulties in prosecuting them. That will be a mammoth task."
He further acknowledged that there was no material distinction between Mazhiri, who was granted bail, and the remaining 94 suspects. He also conceded that the magistrate had overlooked sworn affidavits submitted by the accused during the initial bail hearing.
Justice Muremba reserved judgment in the bail appeal to Friday, casting a spotlight on concerns over prolonged pretrial detentions and prosecutorial inefficiencies in politically charged cases.
Source - NewZimbabwe
