High Court judge Justice Chinembiri Bhunu is on Wednesday expected to deliver judgment in an application where 29 MDC-T activists accused of murdering Police Inspector Petros Mutedza in Glen View last year, are seeking leave to appeal at the Supreme Court against denial of bail.
Most of the activists have been in custody for almost a year on allegations of murdering Mutedza, following skirmishes between police and the MDC-T’s supporters.
Addressing the court on the application, the activists’ lawyer Selby Hwacha said he wanted the Supreme Court to help determine the “special circumstances” required when adducing evidence in a criminal matter as it was impossible to provide evidence “beyond ordinary experience” as required by Section 117(6) of the Criminal Law.
Justice Bhunu used Section 117(6) to deny bail to the activists last month, saying the law was clear that anyone accused of murdering an on-duty police officer would remain in custody until the courts resolved the matter except in cases where there would be special circumstances warranting release on bail.
But Hwacha argued that the accused persons’ defence outlines qualified to explain the special circumstances and the Supreme Court could help define the term “special circumstances” and its constitutionality.
However, prosecutor Edmore Nyazamba opposed the granting of leave to appeal against the High Court’s ruling in the Supreme Court arguing that there were no prospects of success on the matter.
Nyazamba said the defence team had failed to adduce evidence and justify the special circumstances as required according to Section 117(6).