Glenview 29 bail hearing takes another twist
Written by Administrator Thursday, 07 June 2012 09:34
The fundamental principle underlying the right to a fair trial is that every individual is presumed to be innocent until proven guilty. Thus no one individual should be treated like a criminal until a court of law has passed a decision declaring them so. Even if the circumstantial evidence points to the guilt of the individual, they must still be given the opportunity to go through all the motions of a trial to present their case, present mitigating circumstances if they are there and receive a sentence that is proportionate to the gravity of their crime. The major problem with the justice system in Zimbabwe is that the application of these factors is always unpredictable and their fair application seems to depend on the political affiliation of both the victim and accused.
The justice delivery system in Zimbabwe is becoming more biased, corrupt and politically aligned. The prolonged persecution and hearing of the Glen View 29 is contempt of justice and a clear disrespect for the rule of law in Zimbabwe. The application for bail hearing of the Glenview 29 resumed on Monday the 5th of June 2012 and continues to have numerous twists and turns to it. As the trial entered the 3rd day yesterday two of the state witnesses gave conflicting accounts of what transpired on the particular day leading to Petros Mutedza’s death. The first witness, Clever Chipiya, a Glen View 3 resident said Mutedza died after being hit with a stone on the left side of his head. However, he did not see who threw the stone. He said the stones were coming from different directions on the day Mutedza died just outside Munyarari Bar. Another state witness, Joshua Daka who is a Glen View resident and a police officer had a different version. He said Mutedza collapsed along 11th Street, which is near the residential houses and not close to Munyarari Bar. These unfolding events clearly show that the prolonged stay in remand by the 29 Glenview activists and the trial itself is an engineered act which is being stage managed and indeed the accused are victims of police profiling so as to put them down and such a culture of abusing state institutions is unacceptable and should never go unchecked.
The Glenview 29 were arrested on 31 May 2011 for allegedly murdering Mutedza and charged under Section 47 of the Criminal Law (Codification and Reform) Act and alternatively causing public violence under section 36 of the same law. Justice Chinembiri Bhunu was presiding over the hearing whilst State prosecuter Edmore Nyazamba opposed bail claiming that the accused would abscond as they were a flight risk. High Court Judge Chinembiri Bhunu on the 22nd of March 2012 postponed indefinitely the bail ruling of the 29 Glenview residents after the defense lawyers had finished making their submissions before him. Prior to this, the 29 had been indicted for trial on 1 March 2012. The accused are indeed victims of police profiling as all details of them proved to be recorded and documented by the police so as to put them down.
The lack of transparency and accountability in the country has led to the police service and judiciary protecting criminals. It is the obligation of the government to protect its citizens and to ensure that those caught on the wrong side of the law, regardless of their political affiliation or positions in society are brought to book. The habit by the police, military and state intelligence of using their positions to be the authors of life is uncouth and illegal. Justice goes far beyond the court room, as its fundamental goal is to build a peaceful democracy, it should not be delayed no denied.
Free the Glenview 29 now!