High Court grants MLF treason trio bail

by Busani Ncube/Mzwandile Ndlovu
2012 January 23 19:18:21 | 424 Views

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MLF, Bail,

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JUSTICE Micheck Cheda has re-instated bail for three Mthwakazi Liberation Front activists facing treason charges today.

This was after the state had in compliance with criminal law procedure revoked the bail that was initially granted to Paul Siwela, Charles Thomas and John Gazi.

Siwela, Gazi and Thomas were arrested last year after allegedly being caught in possession of flyers calling for the overthrow of the constitutional Government of Robert Mugabe.

Since May last year the trio has been on bail until last week.

The state through Whisper Mabhaudi had argued that the sesationists are unfit candidates for bail because they are flight risks.

Sindiso Mazibisa of Cheda and Partners Legal Practitioners submitted to the court via an affidavit that his clients were not a flight risk and they have not breached any set bail conditions since May last year to date.

He further argued that the three accused persons are businessmen and have families thus cannot runaway from Zimbabwe.

He added that: "The state's case is too weak’ and there is no reason whatsoever as to why his clients will flee their day in court.

Justice Cheda ruled that the three be admitted reasoning thus in part:
"There is no evidence that has been submitted by the state to support any of the state's submissions o why the accused person will abscond trial.

"...and bail was revoked specifically for procedural reasons of complying with the law and not because of any breach on the part of the accused persons.

"The suggestion that they are likely to abscond is not supported by any evidence, on that basis I see no basis as to why they should not remain in the same state as prior to their indictment, the application for re-instatement of bail is thus granted as per the initial order," said the Judge in part.

After that the Judge sought audience with the state on whether or not they were specific changes that it had in relation to the bail conditions and Mabhaudi submitted that there was none.

Meanwhile the High Court of Bulawayo confirmed that the MLF treason trial will be held in Bulawayo and not Harare as previously said in February this year.






Source: SS

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