News / National
7 MDC-T officials face insurgency trial
19 Mar 2014 at 06:39hrs | Views
SEVEN MDC-T activists, who were charged with insurgency, banditry, sabotage or terrorism in 2008, will soon be summoned for trial at the High Court after their application seeking to stop prosecution was struck off the roll by the Supreme Court on Monday this week.
The activists, former MDC-T director of security Kisimusi Emmanuel Dhlamini; Ex-prime Minister Morgan Tsvangirai's aide Gandi Mudzingwa; freelance journalist Andrison Manyere and party members; Chinoto Zulu; Zachariah Nkomo; Regis Mujeye and Mapfumo Garutsa, had sought to stop prosecution on the basis that they had been tortured, subjected to inhuman and degrading treatment.
Deputy Chief Justice, Luke Malaba in concurrence with the Chief Justice Godfrey Chidyausiku and judges of appeal Justices, Vernanda Ziyambi, Paddington Garwe and Misheck Cheda said the prosecution could not be stopped.
"Once the decision to remand the applicants was made on the ground that there was reasonable suspicion of their having committed the offence with which they were charged, and that position still prevailed at the time they appeared in the High Court for trial, the prosecution could not be stopped on the basis that they had been tortured or subjected to inhuman or degrading treatment," ruled the judges.
The MDC-T members were arrested in December 2008 over allegations of bombing Harare Central Police Station, Manyame River Bridge and Harare CID headquarters at Morris Depot.
When they initially appeared at the Harare Magistrates Court four years ago, the activists were placed on remand on the basis that there was reasonable suspicion that they had committed the offence. However, as the matter was set for trial, the activists made an application to the Supreme Court challenging commencement of the hearing.
The Supreme Court, however, said it would not entertain the seven activist's application since it was not raised first before a magistrate who dealt with their initial remand matter.
"It is common cause that the applicants challenged the application by the State to have them placed on remand. They raised at that stage the question of their detention as a violation of their fundamental right to personal liberty. They did not request the magistrate to refer any such question to the Supreme Court for determination," Supreme Court judges of appeal ruled.
"The magistrate granted the application by the State and placed the applicants on remand on the ground that there was a reasonable suspicion that they had committed the offences with which they were charged. If the applicants were of the view that the decision to place them on remand was a violation of their fundamental right to the protection of the law they could as an exceptional remedy have made that allegation in an application to the Supreme Court for redress."
The activists, former MDC-T director of security Kisimusi Emmanuel Dhlamini; Ex-prime Minister Morgan Tsvangirai's aide Gandi Mudzingwa; freelance journalist Andrison Manyere and party members; Chinoto Zulu; Zachariah Nkomo; Regis Mujeye and Mapfumo Garutsa, had sought to stop prosecution on the basis that they had been tortured, subjected to inhuman and degrading treatment.
Deputy Chief Justice, Luke Malaba in concurrence with the Chief Justice Godfrey Chidyausiku and judges of appeal Justices, Vernanda Ziyambi, Paddington Garwe and Misheck Cheda said the prosecution could not be stopped.
"Once the decision to remand the applicants was made on the ground that there was reasonable suspicion of their having committed the offence with which they were charged, and that position still prevailed at the time they appeared in the High Court for trial, the prosecution could not be stopped on the basis that they had been tortured or subjected to inhuman or degrading treatment," ruled the judges.
When they initially appeared at the Harare Magistrates Court four years ago, the activists were placed on remand on the basis that there was reasonable suspicion that they had committed the offence. However, as the matter was set for trial, the activists made an application to the Supreme Court challenging commencement of the hearing.
The Supreme Court, however, said it would not entertain the seven activist's application since it was not raised first before a magistrate who dealt with their initial remand matter.
"It is common cause that the applicants challenged the application by the State to have them placed on remand. They raised at that stage the question of their detention as a violation of their fundamental right to personal liberty. They did not request the magistrate to refer any such question to the Supreme Court for determination," Supreme Court judges of appeal ruled.
"The magistrate granted the application by the State and placed the applicants on remand on the ground that there was a reasonable suspicion that they had committed the offences with which they were charged. If the applicants were of the view that the decision to place them on remand was a violation of their fundamental right to the protection of the law they could as an exceptional remedy have made that allegation in an application to the Supreme Court for redress."
Source - newsday
