Roy Bennett is expected to be released tonight (tin-pot bureaucracy permitting)
March 4th, 2009
SWRadioAfrica are reporting that Roy Bennett’s release is imminent. They comment on the confusion surrounding Bennett’s status, referring to an MDC Press Release sent out about an hour ago which suggested that Bennett would not be released on instruction from Chinamasa and Attorney General Tomana.
People we have been in touch with confirm that they expect him to be released, although the State does seem to be doing all they can to complicate the straightforward process.
We understand that his bail has been accepted, but there appears to be more arbitrary paperwork required than one would normally expect to complete. We’ve been told that the State is insisting on completion of a form our contact referred to as a ‘warrant of liberation’ – last used in 2002. The form does not actually exist in a stationery form anymore, so Bennett’s lawyer has gone off to try and find the exact wording of the old form and to then reproduce it on computer.
Only in Zimbabwe!
Both the SWRadio article and the MDC Press Release are below:
A Mutare magistrate has agreed to accept Roy Bennett’s bail payment. By around 7pm (Zimbabwe time) Bennett’s lawyers and the MDC leadership in Manicaland were waiting outside Mutare remand prison for his release.
There was confusion on Wednesday when it had been reported that the MDC official would remain in a Mutare prison after the Attorney General’s office appealed to the country’s highest court to deny him bail.
State prosecutor Chris Mutangadura said the MDC official ‘posed a flight risk’ and therefore Bennett should remain behind bars until the Supreme Court ruled on the appeal.
However the defence team said the AG’s appeal was purely academic as it was filed beyond the seven day limit they had to appeal. Lawyer Trust Maanda said the continued detention of his client was “unlawful now, no matter how many attempts they make for appeals because they are already out of time.”
Maanda said the presiding magistrate had at first instructed the clerk of court not to receive the payment as the magistrate said it was premature to post bail, since the prosecutors had filed an application in the Supreme Court.
But Maanda said that if the magistrate tried to stop the clerk from dealing with the bail payment it would have amounted to interference with the High Court decision.
Roy Bennett was arrested on February 13th on his way to South Africa where he has been living in exile with his family. He was charged with terrorism.
Meanwhile the MDC supporters arrested in Nyanga on Friday were released Tuesday evening. 150 people had originally been arrested after they had gone to reclaim their livestock, taken during the election period last year. By Tuesday the number had been reduced to 86 people in custody. Maanda, who also represented them, said they were released on free bail.
Via MDC Press Release:
Lawyers for MDC Treasurer General, and Deputy Minister of Agriculture designate, Roy Bennett by mid-morning had complied with all requirements and paper work for the release of Roy Bennett.
However, the otherwise co-operative court and prison officials in Mutare say they have been instructed by Mr Chinamasa and Attorney General Tomana to defy two Harare High Court orders, ordering the immediate release of MDC Treasurer General and Deputy Minister of Agriculture designate Roy Bennett. Roy Bennett is still being held at Mutare prison.
The country has to return to the rule of just law if a sustainable reconstruction agenda is to be meaningfully implemented. Zimbabwe is not, and can not be a lawless jungle. Citizens of Zimbabwe liberties can not be at the mercy, whims and pleasure of Ministers however fascit powerful they think they are, and however resistant they are to the winds of change.
These court orders must be respected, and a genuine return to the rule of just law be visible. Roy Bennett must be released immediately.
