Bennett’s release imminent as Mutare magistrate agrees to free him

By Violet Gonda
4 March 2008

A Mutare magistrate has agreed to accept Roy Bennett’s bail payment. By around 7pm (Zimbabwe time) Bennett’s lawyers and the MDC leadership in Manicaland were waiting outside Mutare remand prison for his release.

There was confusion on Wednesday when it had been reported that the MDC official would remain in a Mutare prison after the Attorney General’s office appealed to the country’s highest court to deny him bail.

State prosecutor Chris Mutangadura said the MDC official ‘posed a flight risk’ and therefore Bennett should remain behind bars until the Supreme Court ruled on the appeal.

However the defence team said the AG’s appeal was purely academic as it was filed beyond the seven day limit they had to appeal. Lawyer Trust Maanda said the continued detention of his client was “unlawful now, no matter how many attempts they make for appeals because they are already out of time.”

Maanda said the presiding magistrate had at first instructed the clerk of court not to receive the payment as the magistrate said it was premature to post bail, since the prosecutors had filed an application in the Supreme Court.

But Maanda said that if the magistrate tried to stop the clerk from dealing with the bail payment it would have amounted to interference with the High Court decision.
Roy Bennett was arrested on February 13th on his way to South Africa where he has been living in exile with his family. He was charged with terrorism.

Meanwhile the MDC supporters arrested in Nyanga on Friday were released Tuesday evening. 150 people had originally been arrested after they had gone to reclaim their livestock, taken during the election period last year. By Tuesday the number had been reduced to 86 people in custody. Maanda, who also represented them, said they were released on free bail.