Judge delays ruling on bail application by MDC activists

By Lance Guma
29 June 2007

18 MDC activists have been detained for nearly 3 months in remand prison over trumped up terrorism charges, but attempts by lawyers to get them out on bail have suffered another body blow this week. High Court judge Lawrence Kamocha has, for the second week running, delayed making a ruling on the matter which involves Glen View Member of Parliament Paul Madzore, Morgan Komichi and 16 others. Last week the judge said he would rule on the matter this week, but this week he used the same reason. Defence lawyer Alec Muchadehama told Newsreel that on Wednesday and Thursday all they were able to get from the courts was that the judge is still working on his judgment.

In other hearings based on the same matter in the magistrate’s court, all 18 activists were remanded to the 13th July. This effectively means any chance for freedom will now have to be provided by the High Court via the existing bail applications. Explaining how the state has managed to delay the cases, Muchadehama says some of his clients are facing more than 3 different charges, allegedly committed in different areas. This has created scenarios where some are attending courts in Chitungwiza and Harare. ‘Even if some of them get bail in one case the police can always use the other charges to keep them in detention,’ he said.

Over the last couple of weeks several other activists have been freed after police withdrew charges. Those remaining are accused of undergoing banditry training in South Africa, a charge dismissed by the opposition. Defence lawyers point to the reluctance of the state to set a trial date as showing they have a weak case and are only interested in harassing the activists in custody.