In
his application, the applicant submits that he works for the Movement of
Democratic Change as a Transport Manager. He resides at 74 Murara Road.
Mufakose, Harare. He has lived there all his life. He is married with four
children aged between two and thirteen years. He earns US400= per month. He has
never had ...
In
his application, the applicant submits that he works for the Movement of
Democratic Change as a Transport Manager. He resides at 74 Murara Road.
Mufakose, Harare. He has lived there all his life. He is married with four
children aged between two and thirteen years. He earns US400= per month. He has
never had a brush with the law all his life till now. He held a passport which
expired a month before he was picked up in connection with these allegations.
He has not applied for a new passport, and has no valid travel documents.
On
the day of the alleged break and entry, he had spent the day at work and
commuted home to his family and slept. He had not gone anywhere else that
night. He does not have a motor vehicle nor does he have ready access to such.
About
his arrest, he says he was virtually abducted by State agents at night and
kidnapped. He was not informed about the reason for his arrest nor where any
formal charges read to him. The abductors simply entered his house and began to
harass him and his family. He was force-marched out of the house and pushed
into a motor vehicle and driven to Marimba Police Station.
He
was taken, blind-folded, from Marimba Police Station, to a base, whilst under
physical assault. He was forced to drink alcohol along the way.
From
the base, the applicant was taken, blind-folded, to Harare Central Police
Station. At the Station, he was not lodged in cells but put in the offices of
the Law and Order Section of the ZRP Harare Central Police Station.
He
stayed there till 31 October 2009 when he was taken to court.
Whilst
in this office, Office 15, members of the ZRP and ZNA Military Intelligence, as
well as Central Intelligence Organisation, took turns to assault and
interrogate him.
Between
27 October and 31 October 2009, open hands, clenched fists, booted feet, and
truncheons, were used to assault him intermittently. In the process, he would
be threatened with death, asked to say his last prayers, firearms would be
discharged, and he would be told that they would be shooting other people in
his position.
He
was denied food, access to medical treatment, access to his legal practitioners
and access to his relatives and friends. He was forced to admit to crimes he
had not committed.
He
was injured in the process. He is now under medical treatment.
In
its opposition to bail, the State submits that there is a real possibility that
the applicant will abscond when granted bail, and that it is not in the
interests of justice to grant the applicant bail.
In
an effort to give substance to these two grounds the State called the
Investigations Officer, who is Superintendent Charles Ngirishi, to testify.
His
testimony was that after the break-in and theft that occurred at Pomona Armoury
on 2009, police got information suggesting that the applicant may have been
involved in planning and executing this criminal act.
They
arrested the applicant on 27 October 2009.
Upon
his arrest, he did not have his cellphone.
It was at his home. They recovered it. Upon entering the message box,
they came across a message from one Gertrude, which message appeared to warn
the applicant to be careful as he was involved in the theft of firearms. The
sms appeared to have been recorded on the applicant's phone around 23 October
2009.
On
18 October 2009, the Investigations Officer says they arrested four more people
in connection with the crime. The fifth person is eluding arrest, and some of
the people arrested are serving members of the defence forces, others are
deserters.
There
is evidence, on affidavit, from this informer, implicating the applicant. One
of the suspects also implicates the applicant.
The
Investigations Officer states that he is looking for five more members of the
ZNA who are now on the run. He fears that releasing the applicant now may jeopardise
the police's chances to arrest these suspects. The other reasons he gives, in
section C of Form 242, are that the firearms are still to be recovered and that
he may commit other offences using the stolen weapons.
Needless
to say, the firearms were all recovered.
They
were not recovered from the accused on his indications. These were recovered
after the arrest of army personnel.
The
fear that the applicant may commit further offences using these weapons,
therefore, has no foundation.
Further, it appears now that the police know the
identity of those suspects who have not yet been arrested. There is no suggestion
that the applicant knows these people at all.
