AMHVoices: Judges must be neutral, not partisan

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High Court judge Justice Chinembiri Bhunu

High Court judge Justice Chinembiri Bhunu has convicted three MDC-T members of murder! Collins Dictionary defines murder as “premeditated killing”.

By A Mbire,Our Reader

High Court judge Justice Chinembiri Bhunu
High Court judge Justice Chinembiri Bhunu

Does anyone believe that these three colluded in picking up a stone and throwing it at the hapless police officer? One stone!

He/she must have been a top baseball pitcher to have accomplished that — or it was a freak accident, in legal parlance in Britain, it would be no more than “death by misadventure”.

Even stretching the law to claim these activists are guilty of murder by association, with the State leading no evidence that they were actively involved in the throwing of the stone, is a travesty of justice.

For the judge to rule that the State had proved beyond reasonable doubt that these three people colluded to throw the stone with actual intent to kill the officer is asking the population to believe the ridiculous.

We need to remember that some 28 people were initially incarcerated over this offence and denied bail. One even died in prison. Then 21 of them were released as not guilty. How can the State and any magistrate incarcerate so many people over the throwing of one stone?

By the same token, the policemen who threw teargas into those flats in Bulawayo and killed the toddler are guilty of murder, as their action was without doubt premeditated.

It is high time that law enforcers considered very carefully their actions before arresting and denying bail to people who are going to be proven innocent.

There have been just far too many cases of incarceration of innocents and prosecution without convictions, since the rise of opposition parties for the State to have any claim to upholding the laws of justice.

A recent case in point is the arrest and incarceration of those who were arrested for the violence that erupted in both Bulawayo and Harare. Many were innocent passersby or not even there and bail was set at such a high level that many could not afford.

5 COMMENTS

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  2. People should be careful with artists. I have lot of respect for artists, as they can have incredible foresight and say things in subtle way. I can see a number of Zimbabwean singers who sang about our situation today many years ago and we have not recognized their ingenuity. Talking about this Benhura, Oh! my God he has portrayed Robert Gabriel Mugabe as a baboon. Baboon like Robert Gabriel Mugabe thinks people should forced into submission by beating or even killing. In 1998, a Kenyan newspaper had cartoon of Robert Gabriel Mugabe, when he had just arrested the late Journalist Chavunduka on an issue concerning an article on the then War in DRC. The Kenyan cartoon had Robert Mugabe as a gorilla and then wrote, “Once a gorilla, always a Gorilla. On the Benhura statue, what is just left is the sentence, “Once a baboon always a baboon” . That is Robert Gabriel Mugabe, the baboon.

  3. The problem is that our judiciary system is partial influenced by Zanu pf which is struggling for survival.By putting so many people under detention and denying them easier bail is to weaken the opposition.The state is using the judiciary to weaken the opposition.

  4. There are quite a number of learned people in Zimbabwe Ruins, but who are uneducated…just listen to the professors, those with PhD s, Masters including the politicians, probably this could be the problem of our educational curriculum, or irrelevant political philosophy? The generality is that if it were possible, we should ask the creator to give us new brains to take the country forward. I doubt if this learned judge is educated enough to make rationale decisions, may be this shows the extent the current political situation has destroyed every entity in the Ruins..

  5. Judges are There to enforce justice according to the laws of the land. Where There Is justice, peace prevails. But when justice Is denied Along corrupt influences then chaos occurs. Zvinobatsirei kusunga munhu abirwa uchisiya Aba wacho. Mbavha Ino protector imwe mbavha. If a Judge Is corrupt, then people Will take Law into their hands.

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