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Mtetwa a senior partner with Mtetwa and Nyambirai law firm, was arrested on Sunday after she allegedly tried to stop the police from arresting Thabani Mpofu, an MDC-T official. She also tried to block the police from searching the house. Four MDC-T officials-Thabani Mpofu, Mehluli Tshuma, Warship Dumba and Felix Matsinde-are expected to file their appeal today.
Harare magistrate Ms Marehwanazvo Gofa threw out Mtetwa’s bail application on the basis that investigations were still in their infancy and that if she was released, she would cause commotion as she had purportedly done when she was arrested.
The court found that the commotion would hinder the police in their investigations
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Mr Harrison Nkomo of Mtetwa and Nyambirai together with Advocate Thabani Mpofu filed a bail appeal on the basis that the magistrate had wrongly arrived at her decision.
He said the ruling made by the court was “afflicted by a serious misdirection” and must be set aside on appeal.
The lawyers want the High Court to overturn the lower court’s decision arguing that the findings by the court were grossly unreasonable.
It is the lawyers’ argument that the findings defy logic.
The magistrate, according to the lawyers, failed to consider the fact that Mr Mpofu whom appellant had gone to attend to was denied bail together with his colleagues and that there could be no interaction between the police, appellant and her clients.
Online Reporter