Mnangagwa in-laws denied bail for third time

Three in-laws of President Emmerson Mnangagwa's son Collins have been denied bail for the third time after a Bulawayo magistrate rejected arguments that delays by prosecutors and police constituted changed circumstances.

Amina Jassinta Jessub Arab, 47, her daughter Dyonne Tanaka Tafirenyika, 28, and their relative Noreen Jessub, 51, were remanded in custody until September 30 by Bulawayo regional magistrate Sibonginkosi Mnkandla.

The three are facing charges of dealing in dangerous drugs following their arrest at a lodge in Bulawayo's Ilanda suburb on August 19.

Arab is the mother of Kelsea Tafirenyika, 22, who is married to Mnangagwa's twin son. Kelsea was previously arrested twice in Harare on drugs and money-laundering allegations before being released on bail.

The three accused were initially denied bail by magistrate Taurai Manuwere on August 24. They subsequently lost an appeal before Bulawayo High Court judge Justice Bongani Ndlovu.

They returned to the magistrates' court on Wednesday seeking bail on the basis of what their lawyer, Admire Rubaya, described as changed circumstances.

In their application filed on September 10, the accused argued that more than 20 days had passed since their arrest without a trial date being set or State papers being served.

They also pointed out that police had indicated in the remand papers that investigations were expected to be completed by September 2, but that deadline had passed.

"The accused persons are languishing in prison while the state and police are dilly-dallying," Rubaya said.

He argued that the continued detention was difficult to justify because the case involved what he described as a "smash and grab" investigation, with many of the witnesses expected to be police officers.

Prosecutor Vhumani Moyo opposed the application, arguing that the defence had failed to demonstrate any genuinely new circumstances since the initial bail application.

Moyo said the passage of 21 days was not, by itself, sufficient to amount to changed circumstances, particularly given the nature of the investigation.

He told the court that forensic examination of the alleged cocaine was still being conducted and that September 2 was only an estimated date for completion of investigations, rather than a binding deadline.

Moyo further said the forensic results had been received by prosecutors shortly before Wednesday's proceedings and that the State intended to serve its papers on the accused on Thursday.

Rubaya disputed this, arguing that the State had not produced evidence showing that the forensic results were actually in its possession.

"There is no evidence to show that the expert analysis is in their possession. We can't take their word for it," he said.

The defence also challenged affidavits relied upon by the National Prosecuting Authority to oppose bail, arguing that they had not been properly commissioned.

Rubaya said the stamp on the documents referred only to "the officer in charge CID drugs and narcotics" without clearly identifying the person who administered the oath or establishing that he was a commissioner of oaths.

The defence argued that the affidavits were therefore invalid and should not have been relied upon by the State, citing previous High Court and Supreme Court decisions in support of its position.

Rubaya also argued that the State had not produced scientific evidence establishing that the substances allegedly recovered from the accused were dangerous drugs.

He said no field test, preliminary test or confirmatory laboratory analysis had been placed before the court during the initial bail hearing. The defence also questioned whether the State had established a proper chain of custody for the alleged drugs.

The lawyers further disputed the alleged possession of the substances, noting that none of the drugs had allegedly been found directly on the women.

The State alleges that two sachets of cocaine were found hidden inside a Nike shoe in Jessub's room, while the substance allegedly recovered from Arab was in a small brown bag.

In Tafirenyika's case, prosecutors allege that drugs were found in a small handbag and a plastic bag containing sanitary pads.

The defence argued that lodge employees had access to the rooms for cleaning and that the possibility of the substances having been planted could not be excluded.

Rubaya also challenged concerns that the three could abscond because they did not ordinarily reside in Bulawayo.

He said they were Zimbabwean citizens with fixed addresses and offered to have them surrender their passports. The proposed bail conditions included a ZiG1,000 deposit for each accused, weekly reporting to Hatfield Police Station in Harare and restrictions against interfering with State witnesses or investigations.

The defence also offered house arrest or other stringent conditions as alternatives to continued detention.

Rubaya said the accused had co-operated with police since their arrest and that there was no evidence that they had attempted to interfere with witnesses or investigations.

Moyo maintained that the defence was effectively seeking to reopen issues that had already been considered by Manuwere.

He also accused the defence of turning the bail hearing into a mini-trial by raising claims that the drugs could have been planted.

The State alleges that police recovered cocaine from rooms occupied by Jessub and Arab, while cocaine and crystal methamphetamine were allegedly recovered from Tafirenyika's room together with US$53,055 in cash.

When denying the first bail application, Manuwere cited the seriousness of the charges, the possibility of custodial sentences and what he considered a risk of abscondment, including the accused persons' foreign properties, valid passports and access to substantial amounts of cash.

The defence maintains that those concerns can be addressed through strict bail conditions, including surrendering passports, regular reporting to police and restrictions on movement.

The three will remain in custody until their next court appearance on September 30.

Rubaya indicated that the defence intends to file another appeal at the High Court.