Muchadehama trial fails to commence

The trial of Zimbabwe Lawyers for Human Rights (ZLHR) member and prominent human rights lawyer Alec Muchadehama failed to commence on Wednesday 17 June 2009 under unclear circumstances.

The State Prosecutor only identified as Andrew Kumire told defence lawyer Beatrice Mtetwa that the State was delaying the trial as it wants to jointly put him on trial with an unidentified person. Kumire refused to call the Magistrate to preside over the trial and indicated that the State will proceed by way of summons in bringing Muchadehama, who is accused of obstructing or defeating the course of justice to court for trial.

Meanwhile, Harare Magistrate Jackie Munyonga on Wednesday 17 June 2009 deferred to Thursday 18 June 2009 a ruling on an application for bail by Movement for Democratic Change (MDC) Director-General Toendepi Shone, who was arrested on Tuesday 16 June 2009 upon reporting to Harare Central Police Station.

Shonhe who is accused of perjury and of violating Section 183 (1) of the Criminal Law Codification and Reform Act is alleged to have deposed to an affidavit for a High Court application falsely stating that three MDC members had been abducted by State security agents early this month.

The three namely Terry Musona, Lloyd Tarumba and Fanny Tembo whom the State has listed as State witnesses in the pending trial of several MDC members and human rights activists who were abducted in 2008 for allegedly engaging in banditry and insurgency activities and plotting to unseat President Robert Mugabe’s previous administration were reported missing from their homes in Banket in early June. They were later located and Shonhe withdrew his application from the High Court.

In his application for bail defence lawyer Alec Muchadehama whose trial failed to commence in the morning told Magistrate Munyonga that Shonhe was a proper candidate for bail in that he had reported to the police after the publication of a story in the state-controlled Herald newspaper stating that he had committed perjury and faces arrest.

Muchadehama said such actions clearly demonstrated that Shonhe doesn’t have any intentions to run away from the charges.

The defence lawyer indicated that the State’s case is very weak in that the State is simply interpreting Shonhe’s sworn in affidavit to suit their own ends.

Muchadehama said Shonhe filed the application in the High Court to simply protect the disadvantaged persons of his party who were once abducted and held incommunicado and tortured for several months in 2008.

Muchadehama proposed that Shonhe deposits US$200 in bail money and that he continues to reside at his given residential address until the case is finalized. He also proposed that Shonhe would report once every week on Fridays to Law and Order Section of the Harare Central Police Station and to surrender his passport.

However, State Prosecutor Allen Masiya opposed bail on that grounds that Shonhe was likely to interfere with State witnesses. Magistrate Munyonga then set her ruling on Shonhe’s application for bail on Thursday 18 June 2009 at 14:15 PM.