A High Court official has been arrested for processing the “wrongful” release last month of Gandhi Mudzingwa, former aid to Prime Minister Morgan Tsvangirai and his two co-accused.

Constance Gambara, a clerk to High Court judge Chinembiri Bhunu, was arrested Wednesday by police details from the Harare Central Law and Order division and is being detained together with the nine month old baby that she is breastfeeding.

She was arrested at the same time with one Caroline Mafuka, the Assistant Master of the High Court in the Insolventy’s office, who has since been released and would now act as the state witness.

Gambara’s lawyer Denford Halimani of Wintertons Legal Practitioners told The Zimbabwe Times Friday his client is being charged on alleged criminal abuse of public office.

She appeared Friday before Harare magistrate Catherine Chimanda who granted her US$100 bail and further ordered her to report once a week at Harare Central police station, among some of her bail conditions.

But the state immediately opposed her release by invoking Section 121 (3) of the Criminal Procedure and Evidence Act which empowers it to suspend the effect of the ruling.

The state has seven days within which to approach the same court to seek leave to appeal short of which the ruling appealed against becomes automatically activated.

It is the State’s case that on April 9, 2009, there was a High Court bail application by Mudzingwa, Movement for Democratic Change (MDC), director of security, Kisimusi Dhlamini, and freelance journalist Shadreck Manyere which was granted by High Court judge Charles Hungwe.

The state invoked Section 121 (3) of the Criminal Procedure and Evidence Act, barring the effect of the order by Hungwe. The accused persons, who faced allegations on banditry, remained in custody.

The state says it went on to file its application for leave to appeal on April 14 which was granted by Justice Bhunu on April 17, 2009, allowing it to proceed with its application to the Supreme Court on the same day.

Despite having been present when Bhunu gave his judgement, the state says, Gambara went on to take orders from the accused persons’ lawyer Alec Muchadehama, to release the three citing the lapse of the seven day period without the state having sought leave to appeal.

The accused persons were rearrested by police after the state contended their release had been executed before the seven day leverage granted by the law. The state says the intervening weekend and Easter holiday did not constitute a day.

It is further alleged that Gambara went to Mafuka whom she asked to sign the three’s warrant of liberation. Mafuka was released on Thursday.

The state said the accused did this “contrary to the explicit judgement” by her boss, Justice Bhunu.

The state says Gambara also deliberately omitted informing Mafuka that Hungwe’s judgement to release the three had been suspended by the state’s action to invoke Section 121 (3) of the Criminal Procedure and Evidence Act.

“The accused’s conduct was unlawful and inconsistent with her duty as a public officer as she favour to Dhlamini, Mudzingwa and Manyere who were represented by Alec Muchadehama of Mbidzo, Muchadehama and Makoni legal firm,” the state says.

Source: The Zimbabwe times