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being involved in under-hand dealings.
Mtetwa also faces another charge of trying to stop the police from searching the house where the MDC-T officials were operating from and demanding a search warrant from police.
She was arrested on March 17 together with the four MDC-T officials linked to Prime Minister Morgan Tsvangirai’s office — Thabani Mpofu, Felix Matsinde and Mehluli Tshuma — all former public prosecutors, and Warship Dumba, a former MDC-T councillor — on different charges.
Justice Joseph Musakwa yesterday allowed Mtetwa’s appeal, saying the magistrates’ court was wrong in denying her bail in view of the circumstances surrounding the case.
He ruled that Mtetwa conducted herself in a professional manner in representing her clients and had never been convicted of any crime.
Harare magistrate Marehwanazvo Gofa had denied Mtetwa bail on the grounds that investigations were still under way and that if she was released, she would cause commotion in view of the conduct she exhibited when she was arrested.
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But Justice Musakwa said a legal practitioner was entitled to represent her or his client.
Justice Musakwa added that relations between the police and legal practitioners should be based on mutual respect saying hostility between the two parties should be avoided.
“Appellant being a woman could have been easily subdued by one of the three police officers,” said Justice Musakwa.
The judge, in arriving at his decision also noted that the investigating officer was never called in the lower court to shed light on the nature of the commotion Mtetwa is alleged to have caused to warrant refusal of bail.
He described Mtetwa as a forceful lawyer of many years who has her own approach.
“I would describe appellant as a forceful if not combative personality.
“If she was a commando she would not take any prisoners,” said Justice Musakwa.
“She is a tenacious, aggressive and temperamental legal practitioner while her conduct has remained professional and has never been convicted of any crime.
“I am satisfied she should have been granted bail.”
Mpofu, Matsinde, Tshuma and Dumba face charges of impersonation, possessing articles for criminal use and flouting the Official Secrets Act.
Mr Harrison Nkomo, who was instructing Advocate Thabani Mpofu in the case welcomed the High Court decision saying it was a balanced judgment.
“ It’s a balanced judgment which does not only border on a bail application but makes important pronouncement on rights of legal practitioners to represent their clients and the need for police to respect lawyers who make certain requests in the scope of their duties,” said Mr Nkomo.
Mr Michael Mugabe of the Attorney-General’s Office said Mtetwa’s case was now proceeding to trial as scheduled.
He refuted the defence claims that he was an interested party.
“I am simply doing my job as a public prosecutor serving in the office of the AG. Nothing else,”said Mr Mugabe.
MDC-T secretary general Tendai Biti and several MDC-T officials attended the bail hearing yesterday.
Also in attendance were American film, stage and television actress Alfre Ette Woodard and Kerry Kennedy — niece to former US President John F. Kennedy — among others.
Meanwhile, the trial of 29 MDC-T activists accused of fatally assaulting inspector Petros Mutedza in Glen View was deferred to April 2.
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