HARARE – Eighty-nine people rounded up and detained by police on March 31 during anti-government protests have been granted bail by the High Court on appeal.
Justice Esther Muremba ordered freedom for the 89 on US$100 bail each.
The suspects had spent a month and half in jail after they were denied bail by a magistrate.
Other suspects who were jointly charged with the 89 were granted bail earlier by the High Court.
The judge ordered: “The appeal by all the appellants be and is hereby allowed. The decision by the court a quo denying the appellants bail be and is hereby set aside and in its place is substituted by the following: Each accused shall deposit US$100 with the Clerk of Court at Harare Magistrates Court.
“Until the matter is finalised, each accused shall reside at the address listed in the schedule submitted to the State and the court by the accused’s counsel during the appeal hearing.”
Muremba said each of the suspects, save for Joseph Gatsi; Kudzanai Murungweni; Memory Dehwe and Munyaradzi Kanonama, shall report once a fortnight, every alternate Friday, between 6AM and 6PM at CID Law and Order in Harare until the matter is finalised.
Gatsi must report at Chegutu Police Station; Murungweni to report at Sanyati Police Station; Dehwe will report at Rusape Police Station and Munyaradzi Kanonama at Glendale Police Station.
They were also ordered not to interfere with investigations.
When the case was heard last week, the judge took a swipe at the National Prosecuting Authority, telling prosecutor Charles Muchemwa that his docket was empty and his case was as good as dead.
The judge said the fact that there are no witness statements to date showed that the state has nothing incriminating the suspects.
Said the judge: “Out of 95 there are only 15 statements by arresting details explaining where the accused were arrested. If we are to proceed to trial, what evidence are you going to use against them?
“It shows that you have nothing in your docket. How can you have a whole lot of people in custody without witnesses? So that after two years you can withdraw charges after they have languished in prison? Is the state being fair?”
Muchemwa conceded that the lower court erred when it denied the suspects bail.
After being cornered by the judge, Muchemwa also admitted there might be difficulties in prosecuting the group.