PROMINENT human rights lawyer Beatrice Mtetwa and four employees from Prime Minister Morgan Tsvangirai’s office, arrested on Sunday on various charges, were yesterday denied bail and remanded in custody to April 3 by a Harare magistrate.
Report by Feluna Nleya
Mtetwa is accused of obstructing the course of justice while the four officials are facing charges related to the Official Secrets Act.
In denying them bail, provincial magistrate Marehwanazvo Gofa ruled that the five were likely to interfere with investigations.
The four officials – who include director for research in the Prime Minister’s office Thabani Mpofu, Felix Matsinde, former councillor Warship Dumba and Mehluli Tshuma – were arrested for allegedly impersonating a police officer.
Gofa said police needed time to conclude investigations.
“If released on bail, there is likelihood to interfere with investigations and she (Mtetwa) can cause commotion like she did during the arrest, so the bail application is hereby dismissed,” she said.
“The accused persons are indeed facing a serious offence, which involves public safety and State security. As such, there is high likelihood that if granted bail, they will abscond. Therefore, the court denies them bail.”
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Mpofu, Matsinde, Dumba and Tshuma are charged with breaching the Official Secrets Act and illegal possession of documents.
Mtetwa is accused of obstructing the course of justice after she allegedly demanded a search warrant from the police detectives raiding the Prime Minister’s communications office.
Public prosecutor Michael Reza argued the officials were flight risks and, as such, were unsuitable candidates for bail.
“Accused said they will surrender their passports, but we know that many Zimbabweans are in South Africa without passports,” he said.
“Our borders are porous, that is common knowledge. They will use undesignated exit points,” Reza said.
“When three accused with legal backgrounds commit illegal activities, it means they are a danger and if let loose, heaven knows what they will do.
“They will conceal evidence, this is in reference to three former public prosecutors, who know what good evidence is so they will conceal, destroy or alter it.”
Attorney-General’s representative Michael Mugabe said Mtetwa was not a suitable candidate for bail since she was facing a very serious offence.
“If the court would admit her to bail, it would set a very bad precedent and more lawyers will behave in the same way and obstruct police from carrying out their duties, and even the laymen too,” he said.
“What it means is that anarchy would prevail because the citizens would not be recognising and letting the police work as per the Constitution.”
He also said since Mtetwa held a Swaziland passport, there was likelihood that she would skip bail.
Meanwhile, lawyers representing the four officials yesterday withdrew a High Court application where they were seeking to have their clients’ arrest and detention declared illegal by the court.
High Court judge Justice Susan Mavangira withdrew the application at the behest of the applicants.
At the same court, Justice Ben Hlatshwayo dismissed Mtetwa’s application after her lawyers failed to turn up for the hearing.
Mtetwa had also sought to have her arrest and detention declared illegal.
Her lawyers slipped a notice of withdrawal underneath the registrar’s door, but the judge considered it a non-event since they were supposed to appear before him after being served with a notice of set-down.
