Zimbabwe: March 31 Protests – Judge Blasts State for Mishandling Case of Locked-Up Suspects

High Court judge Justice Esther Muremba on Monday had no kind words for the State after it emerged that the prosecution is yet to record witness statements a month after the 95 were locked up.

The 95 are accused of staging protests against President Emmerson Mnangagwa on March 31. Last month one Munyaradzi Mazhiri was granted bail, and the remaining 94 are seeking bail at the High Court after they were denied bail by a Harare magistrate.

In their appeal, the suspects, through their lawyer Jeremiah Bamu, said they were involved in a dragnet arrest as they had nothing to do with the protests.

Appearing for the National Prosecuting Authority (NPA) Charles Muchemwa conceded that the lower court erred when it denied the accused bail.

Cornered by the judge, he also admitted that prosecuting the suspects might be a challenge.

The judge fumed, “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 say then withdraw charges against them after they have rotted in prison, is the State being fair?” she asked.

Muchemwa responded, “We might be facing difficulties in prosecuting them. That will be a mammoth task.”

He also agreed that there is nothing that differentiates Mazhiri, who was granted bail by Justice Philipa Philips, and all the other accused.

The prosecutor also conceded that the magistrate court failed to consider affidavits which were disposed of by the accused before being denied bail.

By New Zimbabwe.