News / National
Mliswa still in remand prison
13 Mar 2013 at 06:40hrs | Views
Businessman Temba Mliswa and seven others accused of perpetrating violence that injured Hurungwe legislator Cde Sarah Mahoka and her entourage recently remain in remand prison until tomorrow (Thursday) when Justice Joseph Musakwa will rule on the group's bail appeal.
The eight are accused of conniving to assault Cde Mahoka and her team at Zimonja business centre in Zvipani.The suspects were recently denied bail by Chinhoyi magistrate Mr Felix Mawadze for fear that they would cause more violence.
Dissatisfied by the ruling, the suspects, through Advocate Thabani Mpofu contested the magistrate's decision at the High Court. Yesterday Justice Musakwa heard arguments from both the defence and the State and reserved judgment for Thursday.
The defence lawyers argued that the lower court wrongly arrived at its decision.Adv Mpofu argued that the magistrate's fears for further violence in Hurungwe did not hold much water considering that Mliswa stays in Harare and that the seven others did not stay in the same area.
He further said that at any rate, even if it were to be feared that the first appellant would go to Hurungwe, that fear could be addressed by an appropriate condition making the place a no-go area pending conclusion of the trial.
Adv Mpofu said that in not considering the matter in this manner, the lower court grossly misdirected itself. Law Officer Mr Albert Masamha opposed bail on the basis that the eight were likely to commit further offences.
He also opposed bail on the grounds that the suspects stayed in the same district with the victims and that there was high likelihood of interference with State witnesses.
Mr Masamha submitted that the leadership of Zimbabwe had declared zero tolerance on violence and that the suspects acted against public policy.
"The President Robert Gabriel Mugabe, Chief Justice Godfrey Chidyausiku, Prime Minister Morgan Tsvangirai and his deputies and many others have been preaching good gospel of political tolerance.
"The judiciary should therefore be firm in upholding that principle," he said.
The State also contends that it has already come up with a trial date and that there were chances that the eight might not stand trial if released on bail.
Allegations against Mliswa and seven others arose on February 24 when they were arrested following skirmishes where Hurungwe East legislator Cde Sarah Mahoka was injured in an attack while trying to address a meeting at Zimonja Business Centre in Zvipani. The violence occurred after a group of 13 youths attacked the legislator Cde Mahoka and her entourage.
The eight are accused of conniving to assault Cde Mahoka and her team at Zimonja business centre in Zvipani.The suspects were recently denied bail by Chinhoyi magistrate Mr Felix Mawadze for fear that they would cause more violence.
Dissatisfied by the ruling, the suspects, through Advocate Thabani Mpofu contested the magistrate's decision at the High Court. Yesterday Justice Musakwa heard arguments from both the defence and the State and reserved judgment for Thursday.
The defence lawyers argued that the lower court wrongly arrived at its decision.Adv Mpofu argued that the magistrate's fears for further violence in Hurungwe did not hold much water considering that Mliswa stays in Harare and that the seven others did not stay in the same area.
He further said that at any rate, even if it were to be feared that the first appellant would go to Hurungwe, that fear could be addressed by an appropriate condition making the place a no-go area pending conclusion of the trial.
Adv Mpofu said that in not considering the matter in this manner, the lower court grossly misdirected itself. Law Officer Mr Albert Masamha opposed bail on the basis that the eight were likely to commit further offences.
Mr Masamha submitted that the leadership of Zimbabwe had declared zero tolerance on violence and that the suspects acted against public policy.
"The President Robert Gabriel Mugabe, Chief Justice Godfrey Chidyausiku, Prime Minister Morgan Tsvangirai and his deputies and many others have been preaching good gospel of political tolerance.
"The judiciary should therefore be firm in upholding that principle," he said.
The State also contends that it has already come up with a trial date and that there were chances that the eight might not stand trial if released on bail.
Allegations against Mliswa and seven others arose on February 24 when they were arrested following skirmishes where Hurungwe East legislator Cde Sarah Mahoka was injured in an attack while trying to address a meeting at Zimonja Business Centre in Zvipani. The violence occurred after a group of 13 youths attacked the legislator Cde Mahoka and her entourage.
Source - TC
