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Judge orders release of US-bound Mawarire’s passport, cleric to travel to see unwell child

11/10/2017 00:00:00
by Staff reporter
 
US-bound ... Pastor Evan Mawarire
 
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THE High Court has temporarily suspended the bail conditions on #Thisflag social movement leader Pastor Evan Mawarire who wants to travel to the United States.

Mawarire, through his attorney Harrison Nkomo of Mhishi Nkomo Legal Practice, approached the High Court seeking the release of his passport so that he could travel to US to see his family.

The cleric last week received information that one of his children in America was not feeling well.

Mawarire is on trial on charges of trying to subvert a constitutionally elected government after his social media videos last year in July which were encouraging citizens to peacefully demonstrate against the government.

On Wednesday, Justice Priscilla Chigumba granted the order for the release of pastor Mawarire’s passport.

“The applicant’s bail conditions imposed by the High Court on 26 September 2017 are hereby varied as follows; the clerk of court Harare Magistrate Court be and is hereby ordered to surrender to the applicant his passport and the said passport shall be returned to the Registrar of the High Court on 28 November 2017,” ordered Justice Chigumba.

The judge also said the cleric should resume reporting to the police once every fortnight from December 1.   

In his application for the relaxation of his client’s bail conditions, Nkomo had argued that there were changed circumstances in the State case against his client that warranted his applicant to tender his application.

“He (Mawarire) applied for bail before evidence was led but now all the State witnesses testified and their evidence now forms part of the record. Interfering with witnesses is no longer an issue. The State closed its case and the applicant gave notice of his intention in terms of Section 198 (3) of the Criminal Procedure and Evidence Act that is applying for discharge at the close of the State case,” Nkomo said.



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