Lawyers prepare lawsuit over 2-month detention of MDC activists

By Lance Guma
12 June 2007

Lawyers representing over 32 MDC activists kept in remand prison for over 2 months without trial have said they have already received instructions from their clients to prepare lawsuits seeking damages from the state. Alec Muchadehama told Newsreel on Tuesday that the MDC activists, some of whom were tortured in custody, were going to seek compensation for their ordeal. Although there is little chance of getting justice given the compromised judicial system, the activists are keen to have their experiences put before the courts and expose the regime’s brutality. Notices outlining their intention are now being dispatched to the police and Home Affairs departments.
Meanwhile on Tuesday the defence team suffered more frustration in attempts to get the state to set a trial date or have the case thrown out completely. The application involving Glen View MP Paul Madzore, Philip Mabika and 11 others was adjourned by the magistrates court to Friday. Another group including Morgan Komichi, Dennis Murira, Raymond Bake and Shame Wakatama will have a similar application determined on Wednesday. Muchadehama said the court ran out of time and this resulted in the adjournments. Adding to the legal confusion will be a bail application at the High Court on Wednesday seeking the release of the detainees.

Muchadehama said the difference between the two sets of applications was that they were asking the magistrates court to force a trial date or throw out the case, while the bail applications dealt with the merits of the clients being set free while the trial continued. If granted, both had the same effect in as far as securing the release of the activists. Last week 7 opposition activists, including journalist Luke Tamborinyoka, were released without charge while on Monday the courts freed another 6 political detainees facing charges of petrol bomb attacks. They were released after police dropped the charges.

The remaining activists including Glen View MP Madzore, are still in custody on a second charge of receiving insurgency training in South Africa. Legal experts say the charges are flimsy and explain the state’s reluctance to set a trial date. Muchadehama reiterated the same position saying if the state had a solid case they should have set a trial date by now.