Gwezere granted bail, remains detained
This story was first reported by the Zimbabwe Times.
HARARE – Embattled MDC transport manager Pasco Gwezere was granted bail Friday afternoon but shall remain in jail for the next seven days as the State invoked Section 121 of the Criminal Procedure and Evidence Act which automatically bars the effect of the ruling.
High Court Judge Charles Hungwe ordered Gwezere to deposit US$500 with the Clerk of Court in Harare and remain residing at his given address – 74 Murara Road in Mufakose, Harare.
He was further ordered to report twice a week on Mondays and Fridays between 6 am and 4 pm at Harare Central Police’s CID Law and Order Division and not to interfere with evidence and witnesses.
In granting him bail, Justice Hungwe said the state had failed to demonstrate that the accused was a flight risk.
Gwezere is being accused of ganging up with a woman only identified as Getrude to steal 21 firearms from the Zimbabwe National Army’s Pomona Barracks on October 20 this year.
The State said since the firearms had been recovered, it now had a stronger case against Gwezere, who strongly denies the charges.
In his application for bail, Gwezere said he works for MDC, earning US$400 a month and has been residing at his address for all his life.
He further said he was being accused of a crime for the first time in his life and that he had no prospects of travelling outside the country as his passport expired two months ago and has not yet applied for a renewal.
On the other hand, the state had submitted that evidence against Gwezere was strengthening after four more army officers have been arrested in relationship to the matter and are implicating Gwezere.
Tawanda Zvekare, who represented the state, further claimed the accused was facing a very serious charge.
The State further called the investigating officer in the matter who said that he was still looking for Gwezere’s other accomplices and if he was released, he may jeopardise investigations.
But Justice Hungwe dismissed the state’s assertions which he said were not enough to cause him to deny the accused his right to liberty.
“The state has failed to satisfy its claim that the accused would abscond if released or that he would interfere with investigations,” said Hungwe.
“The state has failed to establish how the interests of justice would be prejudiced if released on bail.
“In my view, the applicant is entitled to his liberty for the moment until the matter is tried. The evidence against the applicant is tenuous.
“There is no sound reason to justify the continued incarceration of the applicant and therefore bail is granted.”
Soon after pronouncing his ruling, Zvekare stood up to invoke the controversial Section 121.
In between the seven days, the state is required to lodge an appeal against the judgement, failure to which the accused would be released on bail as granted.
Alec Muchadehama, lawyer to Gwezere said the invocation of Section 21 was a “total abuse of the law” in that the state has selectively been using it against known opponents to President Robert Mugabe’s Zanu-PF party.
“It is a total abuse of that section. This has been used as far back as 2000 to simply harass MDC activists so that even when the courts do the correct thing in granting them bail, the state simply invokes that section so that they continue to suffer,” said Muchadehama.
“Everyone now knows that there is selective application not only of Section 121 but of the law itself led by the Attorney General.”
Gwezere was seized from is Mufakose home on October 27, 2009 and detained at Marimba Police Station. He was later transported blindfolded to Harare Central police station where police and state security agents took turns to assault him.
The MDC says charges against its employee are trumped up and are part of a broad strategy by President Robert Mugabe’s Zanu PF party to destabilise it and render it too weak to continue challenging Mugabe’s stranglehold on power.
Posted by Dave Fish Eagle
on November 20, 2009. Filed under Local News.
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