Last MDC activists held over bomb attacks freed

Last MDC activists held over bomb attacks freed

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By Lebo Nkatazo

A ZIMBABWEAN court released the two last remaining opposition Movement for Democratic Change (MDC) activists accused of recruiting opposition members and funding their banditry training in South Africa.

Morgan Komichi and Denis Murira had been detained since March.

In his bail application judgment, High Court judge Lawrence Kamocha pointed out contradictions in an affidavit by a state witness Bernard Muzarira who alleged that he had been recruited by the two men, and that of the investigating officer Martin Makwaira.

According to the affidavit, Muzarira said he was recruited for training before 2002 and underwent training in October 2002, while Mukwaira said the witness had been recruited between June 1, 2006 and March 20, 2007.

Police had pleaded with the court for the men to remain locked up for three more months saying they wanted to carry out more investigations.

“The applicants asserted that the police wanted them in custody so that they could carry out investigations. They correctly submitted that detention for purpose of investigation has always been frowned upon by these courts,” the judge said.

“In the result, the applicants are each admitted to bail.”

Lawyers for the opposition activists arrested following a series of petrol bomb attacks on passenger trains, police stations and Zanu PF offices have argued that the alleged state witness, Muzarira, was fictitious.

Justice Kamocha said: “Further, the applicants asserted that Bernard Muzarira did not even exist. Their assertion was based on the fact that on May 24, 2007, when they appeared before Patel J, they challenged the State to produce evidence (on his existence) in court and the matter was postponed for five days for the State to do so but it failed. Needless to say the State has not done so up to now.”

In May, another High Court judge Tedious Karwi also granted bail to a senior member of the MDC, Ian Makone, saying he did not appear like someone who could engage in violence.

“I have taken into account the personal circumstances of the applicant," the judge said. "In particular, that he is aged 57 years old, that he is a married man with fixed aboard, that he is a man of substance and that he has invested very heavily in this country. He appears to have his roots in this country. He is a well educated man."

In total, police arrested some 68 MDC activists over the bombings, but all have since been freed on bail.
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