Court says suspects’ re-indictment illegal

Mugabe from power and replacing him with Defence Minister Emmerson Mnangagwa upon their re-indictment for trial.
Justice Joseph Musakwa made the declaratory order after dismissing an appeal against re-indictment by the six as invalid.
Albert Matapo, Nyasha Zivuku, Emmanuel Marara, Patson Mupfure, Oncemore Mudzurahona and Shingirai Mutemachani have been in remand prison for the past four years.
They were remanded in custody after their initial indictment period had lapsed without a trial.
Despite the fact that the appeal by the defence was invalid, the High Court exercised its powers and declared the incarceration of the suspects unjust.
Although their trial on treason charges should continue, they are now expected to attend trial from their respective homes.
In his ruling Justice Musakwa said: “A closer look at this matter reveals that there is no provision for appealing against a magistrate’s decision to re-commit the appellants.
“The decision appealed against does not relate to a conviction.
“In addition there was no submission that the appeal was noted in terms of any other enactment. In essence there is no appeal before us.”
However, Justice Musakwa said, in the course of determining the matter, it came to the court’s attention that there was an injustice that “merits the attention of this court”.
He added: “In the result, the appeal is struck off. The appellants were not liable to be committed to custody upon being re-indicted.”
It was the court’s finding that both chief law officer Mr Chris Mutangadura and defence lawyer Mr Charles Warara did not conduct a meaningful research concerning how a suspect can be served with notice of trial in terms of Section 322 of the Criminal Procedure and Evidence Act.
The six were arrested in 2007 on allegations of plotting a coup to illegally remove the President from office and replace him with Minister Mnangagwa.
The six were initially indicted for trial and the indictment expired prompting the State to successfully apply for re-indictment.
Upon re-indictment, the suspects were remanded in custody, a decision that led Mr Warara to challenge re-indictment.