USD calls for Maguwu to be released on bail

The Union for Sustainable Democracy is particularly concerned about the refusal by Judge Chinembiri Bhunu yesterday to grant bail to Farai Maguwu whose right to liberty was already severely interfered with prior to the initial bail proceedings.

The primary purpose of the right to bail, as we understand it, is to mitigate against interfering with an accused person’s freedom. More importantly it is to prevent anticipatory punishment before conviction and sentence. Consequently an accused person should not be punished for an offence for which he has not been convicted.

The presumption of innocence is at the heart of every criminal investigation or prosecution. When presiding over a bail hearing a judge is enjoined to strike a balance between, on the one hand, the right to liberty and presumption of innocence of the accused and, on the other hand, whether the interests of justice permit the release of the accused person on bail.

In the main a balance must be struck between the need to protect the prosecution and investigation of the case without hindrance and respecting the freedom of the accused.

In the light of the above principles, it is not difficult to see that there has been a gross miscarriage of justice in this matter. The interests of justice in the prevailing circumstances require the immediate release on bail of Farai Maguwu who is being persecuted for revealing the aberrations at the Chiadzwa mine.

Not only was Farai Maguwu detained for a period far in excess of what the law allows before being taken to court, he was also reportedly taken from remand prison unlawfully.

While we concur with Judge Chinembiri Bhunu’s observation that the charges against the accused are serious, we do not agree that the seriousness of an allegation alone constitutes sufficient grounds for the refusal of bail.

Any argument that he is a flight risk cannot be sustained because he handed himself in to the police. He is a leading human rights researcher who is committed to seeing that people do the right thing for their country’s economic prosperity. Accordingly, the decision to refuse him bail is unfair, injudicious and unjust.

We call on the magistrate reviewing the bail ruling at the next remand hearing on Wednesday to properly apply the law to this matter failing which Farai Maguwu’s legal team should bring a super-urgent application before the Supreme Court challenging this flagrant violation of their client’s constitutional right to liberty and presumption of innocence.

Issued by the Union for Sustainable Democracy, www.usd.org.zw, [email protected]

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