adminwhen the High Court yesterday released 12 suspects on bail, while eight lost their freedom bid.
Justice Tendai Uchena granted MDC-T national executive member Last Maengahama US$1 000 bail while 11 others got US$300 bail each.
They were ordered to report three times per week at their nearest police stations, surrender their travel documents, stay at their given addresses and not to interfere with investigations and witnesses.
Glen View Ward 32 Councillor Tungamirai Madzokere and seven others had their application dismissed for fear that they would abscond if granted bail.
Madzokere, Yvonne Musarurwa and Rebecca Mafikeni were separately arrested at Palm Lodge in the city where they reportedly failed to explain why they were staying there. This left the court with no option, but to believe the State’s version that they were evading arrest. On Lazarus Maengahama, who is based in Botswana, the court agreed with law officer Mr Edmore Nyazamba that he was likely to abscond while his brother
Stanford’s application flopped because he had lied to the court and that he had no connections outside Zimbabwe.
Phineas Nhatarikwa, Cynthia Manjoro and Stanford Mangwiro were also denied bail. Harare lawyer Mr Charles Kwaramba of Mbidzo Muchadehama and Makoni law firm appeared for the suspects. While relatives and friends of those who were granted bail were celebrating the release of their loved ones after a month in prison, some wore long faces as they pondered their next move.
Relatives of suspects that were freed could not hide their joy after the 17-page judgment was delivered.
It took Justice Uchena two weeks to come up with the ruling.
Justice Uchena said it was difficult to grant a uniform judgment on all the 20 because they had different circumstances. After a careful analysis of the submissions made on every suspect in the bail application, Justice Uchena saw it fit to make separate rulings on each suspect depending on his or her own circumstances.
“I am satisfied that with stringent conditions, applicants who have not shown a propensity to abscond can be granted bail. I am however, also satisfied that those who have shown propensity to abscond should not be granted bail as they are flight risks.
“This calls for the assessment of each applicant’s circumstances as per the State and applicants’ evidence and submissions.
“I appreciate the need to treat jointly charged accused persons equally, but where a distinction can be shown between bail applicants, their individual cases can be treated differently,” said.
The 20 are facing murder charges stemming from the death of Inspector Petros Mutedza at Glen View 3 Shopping Centre.
Insp Mutedza was part of the team that had been called to disperse about 50 MDC-T youths that had gathered at the centre for an illegal meeting. When the team arrived at the centre, Insp Mutedza inquired from some youths where their leaders were.
He was directed to Munyarari Night Club and he entered the club with five other officers.
The activists instead attacked the officers and Inspector Mutedza was killed while another officer was injured.
Online Reporter