Tomana Tries to Block Gwezere’s Release

Posted by on Dec 5th, 2009 and filed under Local News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

HARARE – The Attorney General’s Office has lodged an application in the High Court seeking leave to challenge in the Supreme Court the release on bail of Pasco Gwezere, the Movement for Democratic Change (MDC) transport manager.

Gwezere was abducted and jailed for allegedly stealing 20 AK-47 rifles from Pomona Army Barracks.

Chief law officer Michael Mugabe lodged the application this week seeking to quash a bail order granted by High Court judge, Justice Charles Hungwe two weeks ago in the Supreme Court.

The High Court granted Gwezere US$500 bail and a string of stringent conditions a fortnight ago, but the State immediately invoked the draconian Section 121 subsection 3 of the Criminal Procedure and Evidence Act, which meant he had to stay in remand for a further seven days.

The seven days elapsed last week on Friday but Gwezere remains jailed.

The Supreme Court is now expected to sit as a Constitutional Court to make a determination in the matter, after Justice Hungwe granted the State leave to appeal to the highest court in the land against his order to release Gwezere on bail.

The State contends he faces very serious charges.

Gwezere is charged with stealing firearms from Pomona Barracks and receiving military training in Uganda a decade ago. The military training charge has already been thrown out by the magistrates’ court.

Gwezere remains jailed with no access to medical attention. Zimbabwe Prison Service (ZPS) officials are defying a court order directing that he gets medical attention for injuries sustained when he was tortured following his abduction.

Gwezere has been transferred from Harare Remand Prison to Chikurubi Maximum Security Prison. Gwezere’s lawyer, Alec Muchadehama has protested that his client was still not receiving proper and adequate attention from the prison doctors, despite a ruling by Magistrate Archie Wochiunga three weeks ago ordering prison doctors to treat him.

In an affidavit filed with the court, Chief Superintendent Charles Ngirishi, the Officer Commanding Criminal Investigations Department Law and Order at Harare Central police station, alleges that Gwezere broke into Pomona Army Barracks One Engineers Support Regiment Armoury on October 20 2009 together with a lady only identified as Getrude and several army officers and stole 20 AK 47 rifles and a shot gun, which they took to an unknown destination.

In another affidavit tendered in court, Last Ngwenya, a security officer in the President’s Office claimed that Gwezere held meetings with unidentified army officers in the Harare Gardens to strategise on how they would break in and steal firearms from the armoury at Pomona Army Barracks. Ngwenya accused Gwezere of pledging to organize vehicles to ferry the stolen weapons from Pomona to an unknown destination.

The State says five of those security officials have been apprehended and would face court martial. Another one of Gwezere’s alleged co-accused has been slapped with a lengthy jail term of 15 years.

The MDC transport manager was abducted in October and forced into an Isuzu KB 250 twin cab and driven to Marimba Police Station before being taken to various places where he was interrogated about MDC leader and Prime Minister Morgan Tsvangirai’s strategy in disengaging from Cabinet and Council of Ministers’ meetings.

The MDC worker was denied food and legal representation during his detention.

Gwezere accused his abductors of torturing him since his abduction. Muchadehama said Gwezere sustained serious injuries on his head, wrist, mouth, ear, feet, leg, buttocks, back and genitals during the torture sessions.

The human rights lawyer said Gwezere is having difficulties in walking as his left leg is deteriorating and is also having difficulties in sleeping.

Alec Muchadehama

Alec Muchadehama

Gwezere told Muchadehama that the torture sessions also included being blindfolded, beaten under the feet (falanga style), and being beaten about the head, body and buttocks with truncheons and clenched fists.

Additional Reporting: The Zimbabwe Times

11 Responses for “Tomana Tries to Block Gwezere’s Release”

  1. Shephered says:

    And the Mugabe shouts “Remove sanctions on my military cabal” Sick minded people

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  2. Baba Tee says:

    Some fools here believe that all this is because the MDC failed to remove ZANU pf.
    How they come to the conclusion that bad deeds by some people is some other people’s fault I don’t understand.
    When the Smith regime killed people from the late 1890s when the invaded Zimbabwe we blamed them, not the opposition which was led by Chaminuka, Mbuya Nehanda and later ZANU PF and ZAPU. They ruled by force for more than 50 years but where are they now?
    ZANU may do this now but believe it or not they too will go. And they too will pay for this. Just like some people are now paying for the genocide of Rwanda in 1994 some people will pay for all this.

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  3. T.Musango says:

    Baba Tee,what pple are not happy with is this-MDC should act,whenever such evil is being handed to their members not only Bennet.

    U have given examples of the Smith era,yes,thats the reason y Zanoids and Zapu kept fighting that regime,they never joined it.When Smith was jailing nationalists,Zapu and Zanoids refused to join Smith and kept up the pressure.

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  4. Baba Tee says:

    T MASANGO

    ARE YOU BLAMING THE MDC FOR ZIMBABWE’S PROBLEMS???

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  5. T.Musango says:

    Baba Tee,read posts with an open mind.I am saying,if Zanoids are arbitraly arresting MDC members and denying them medication,freedom and fair justice,MDC should act.

    Tell me,did u ever heard that in the 70s,Chitepo joined Smith whilst Matibili and company were in prison?MDC should declare that there is no negotiations or government if our members are being arrested and denied their basic rights.

    Right now there is an MDC member who was kidnapped and has been denied medication.There are MDC members who were kidnapped and up to now noone knows their wherabouts.

    Do not cheerlead,demand accountability and equallity.

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  6. Baba Tee says:

    ACT LIKE HOW?? KILL LIKE ZANU IS DOING??

    WHAT EXACTLY DO YOU THINK WILL HAPPEN IF MDC DOES ALL THE THINGS YOU WANT THEM TO?

    NORTHING WILL HAPPEN SADC KNOWS THAT AND SO DOES EVERYBODY.
    HOW MANY PEOPLE DO YU WANT TO KILL SO THE MDC CAN RULE??
    I THINK THEY SHOULD DO WHAT EVER IT TAKES TO SAVE THE PEOPLE OF ZIMBABWE FROM ZANU PF. NOT HELP TO KILL SO THEY CAN GET IN POWER. THAT WILL MAKE THEM TO BE LIKE ZANU PF

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  7. Abel says:

    When Morgan encourages SA not to give Zim petrol and electricity, is that not killing people? or maybe to you killing involves machetes only? the fact is mdc would like those strategies but they cant do it so they lie that they dont want. they are just as violent as zanu but they met their match and were subdued.

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  8. Zuze says:

    I say again, only monsters can do these kind of things to other human beings and wake up every morning, ride in their Mercs, and “go to work”. Zanu has tortured and terminated many souls, and they still think they have people’s support.

    Mugabe started with the Ndebele minority, moved on to white minority, now hezvoka, he’s in our backyard slaughtering his own Shona sons and daughters. All for the love of power. The day of atonement will come!!

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  9. T.Musango says:

    Baba Tee,i have given up on u,probably u might listen to what Abel preached up there.U talk of killing like as if pple are not being killed already.Killing is not only using machates and guns like what Zanoids do,but letting yo supporters getting killed by yo enemy whilst not protecting them.Exactly like what is happening to MDC supporters who are being kidnapped,tortured and disappearing while Morgan,Biti and co.are enjoying power by driving the latest mercs.

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  10. Baba Tee says:

    T Musango and Abel.

    I have a business in zim, and it has been strugling because I import most of my raw meterials and manufacture in Zimbabwe and also sell in Zimbabwe.

    But ever since MDC joned the GNU business has never been better, infact I have employed 34 more people. and opened two more outlets.

    So if you stand there and tell me that the GNU is killing the people of Zimabwe, I start thinking you are not even from Zimbabwe. Hospitals are open and schools are running. So which people are you saying The MDC is killing????

    T MUSANGO??? ARE YOU FOR REAL??? you talk as if you don;t know that the MDC had no choice if they wanted to avoid violence they had to join. SADC conered them, twisted their arm and forced them in. YOU TALK LIKE YOU DON’T KNOW THAT.

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  11. Abel says:

    So Baba TEE if I can use my simple comprehension skills I got courtesy of one Robert Mugabe. What you are saying is MDC-T was arm twisted by SADC to do a good thing since you are now employing more people and things are now working out. What then is your problem? chuckle!!!!!
    Politics!!!!!!!!

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