adminPolice Inspector Petros Mutedza – has told the High Court that he was arrested at a lodge where he was “consorting” with a female partner.
Madzokere, who in his initial bail application said he was a married man with a stepdaughter to look after, disclosed to the court in a second bail bid that the sole reason he was at Palm Rock Villa Lodge was to consort with a female friend.
He was part of the eight suspects that were denied bail at the High Court on July 1 this year. The group has filed a fresh bail application based on changed circumstances.
The politician’s lawyers submitted in the failed bail application on Thursday last week that their client was embarrassed and ashamed of revealing to his family and lawyers the reason for his stay at the lodge in the first bail bid.
“It is further submitted that first applicant (Madzokere) was only booked at his lodge for the sole purpose of consorting with a female partner.
“The police took all the details of this female partner as they arrested first applicant in her presence.
“This is a fact which he was embarrassed and ashamed to reveal to his family and legal practitioners.
“While the fact is morally reprehensible, it is a material fact that was not revealed in his earlier attempt to bail and goes to the root of explaining his presence at Palm Rock Villa Lodge,” read part of the application.
The revelation, according to the lawyers, constituted changed circumstances warranting the release of the politician on bail.
According to the papers, Madzokere denied the murder allegations arguing that he was a respectable public figure who could not be involved in such offences.
“The first applicant is a councilor for Ward 32 in Glen View. He is therefore a public figure who is employed to serve the community.
“As a councillor and a community leader, first applicant has some good understanding and respect of the law and he is confident that he will prove his innocence.
“The fact that he is well known in the community such that he could not have openly engaged in such folly that has given rise to the charges inspires confidence in him to stand trial and be vindicated,” the lawyers said.
Justice Samuel Kudya, however, threw out the application as well as that of the other six suspects on the basis that there were no changed circumstances warranting the granting of bail.
This was after law officer Mr Edmore Nyazamba strongly opposed bail arguing that the suspects were a flight risk.
Zimbabwe Lawyers for Human Rights appeared for the eight. One of suspects, Cynthia Manjoro was however, released on US$500 bail after the Attorney General’s Office consented to her release.
The High Court, being the upper guardian of minors, considered that Manjoro was a mother of a twoyearold baby that needed her maternal care.
“The original application showed that she indicated she was a single mother and this court erred in finding that she had no children.
“This court is the upper guardian of minors. It has a duty to protect their interests. The twoyearold son required the maternal care that only his mother can give to which he was accustomed to,” said Justice Kudya.
Commenting on the submission by Madzokere that the court was not aware of the fact that he was at the hotel to consort with a female partner, Justice Kudya said the purported new facts did not amount to changed circumstances.
“In the present application he (Madzokere) averred that he was aware that the police were looking for him. He booked into the lodge a day after the murder and a single day does not amount to desertion.
“He further averred that he did not disclose he booked to consort with a girlfriend. The manner in which they phrased in the application shows they were already known to the applicant before the determination.
“He simply chose to hide from the court. They did not arise nor were they discovered by him after the determination.
“I hold that the new facts do not constitute changed circumstances,” ruled Justice Kudya.
Online Reporter