Deputy Chief Justice Luke Malaba is today expected to hear in his chambers, an appeal by seven MDC-T activists who were denied bail by the High Court over the death of Police Inspector Petros Mutedza in Glen View, Harare, last year.
The activists’ lawyer, Charles Kwaramba, submitted the appellants’ heads of arguments in which he contested the findings of the High Court that his clients were likely to abscond, hide or flee from their homes, saying the ruling was not supported by any evidence or facts.
Kwaramba further submitted the refusal by the High Court to grant his clients bail on the basis they were a flight risk, was misdirected.
“The court-a-quo (previous court) mistook the facts and allowed extraneous or irrelevant matters to guide or affect it. In the circumstances, it is respectfully submitted that the judgment of the court-a-quo was wrong and must be set aside,” Kwaramba said.
Attorney-General’s representative Edmore Nyazamba is opposing the application.
The seven incarcerated activists are Tungamirai Madzokere, Lazarus Maengahama, Stanford Maengahama, Phenias Nhatarikwa, Stanford Mangwiro, Yvonne Musarurwa and Rebecca Mafukeni.
According to Nyazamba, on May 29 last year, the activists, led by Madzokere, an MDC-T councillor in Glen View, convened an unsanctioned meeting at Glen View 1 shopping centre, which was called off by the police.
He said Mutedza went to Glen View 3 as part of a reaction team assigned to disperse the group of MDC-T supporters who were allegedly holding a meeting.
Nyazamba said Mutedza allegedly approached the youth leaders, Robert Manyengavana and Paul Gorekore, and ordered them to disperse peacefully, but they are said to have turned violent and attacked him.
Mutedza and his team took to their heels with the youths in hot pursuit, hurling missiles at them.
Mutedza rushed to a Nissan Hardbody that he mistakenly identified as a police vehicle and tried to open the door to seek refuge, but the youths allegedly caught up with him and struck him with a brick and he died.