adminIn a consented provision order granted yesterday, Justice Ndou ordered immigration officer, Mr Marshall Chikwature and the chief immigration officer to issue a temporary resident permit to James Edward Petroc Trelawny pending the finalisation of the criminal case that has been preferred against him.
He should be out of custody.
Justice Ndou ordered that the police who are guarding Trelawny be removed from the United Bulawayo Hospitals ward where he is admitted with immediate effect as they have no lawful basis to keep him in their custody.
Pending the return date, Mr Chikwature, 1st respondent, assistant regional manager immigration, Mrs Chakawuya, 2nd respondent, the chief immigration officer, 3rd respondent and the co-Ministers of Home Affairs, Kembo Mohadi and Theresa Makone, the 4th respondents, are directed to provide a lawful reason for their continued detention of Trelawny to any competent court of law as set up in terms of the laws of Zimbabwe.
Trelawny is set to go on trial today at the Bulawayo magistrates’ courts on charges of contravening sections of the Immigration Act [Chapter 4:02].
In his founding affidavit filed by Mr Munyaradzi Nzarayapenga, of Dube-Banda, Nzarayapenga and Partners, Mr Duncan Purchase, who was applying for a habeas corpus writ on behalf of Trelawny, states that Trelawny is his friend and a British who has been in the custody of the police from 21 May.
He was first detained at Bulawayo Central Police Station, where he slipped in the police cells and dislocated a shoulder and was taken to UBH where he was under police guard.
Trelawny came to Zimbabwe on 19 May and was given a visitor’s visa to attend a music festival.
His intention was to leave Zimbabwe via South Africa on Monday.
While at the music festival on 21 May he was arrested by Mr Chikwature for allegedly working without a permit.
The arrest took place at the Large City Hall after he had introduced a song at the music festival.
On the same day he was detained at the Bulawayo Central Police Station under a 14-day detention warrant signed by Mr Chikwature.
The Police Border Control Department situated at CABS Building was given the mandate of investigating the matter and they compiled a full docket on Monday this week.
The docket was taken to court on the same day and after representations at the Attorney General’s Office and after deliberations between immigration, police and the AG a nolle prosequi decline to prosecute was issued.
“On 29 May at 8.30am, the written confirmation of the nolle prosequi was given to the police and the legal practitioner. The police indicated that they had finalised the matter. Immigration was to release Trelawny.
“The respondents have, however, refused to release Trelawny from custody and they have not given any cogent reason for doing so,” wrote Mr Purchase.
He said since his friend’s prosecution was declined on Monday this week, there is no lawful basis for his present incarceration as no further warrant has been issued and no verbal notice or otherwise has been given to him as to why he should continue to be incarcerated.
Trelawny was supposed to travel back to England on Monday this week, but could not because of his continued incarceration.
The senior public prosecutor for the Western Division, Mrs Martha Cheda, appeared for the State during the urgent chamber application hearing.
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