HARARE magistrate Donald Ndirowei yesterday deferred to Monday The bail ruling of Heart & Soul TV senior journalist Blessed Mhlanga.
Mhlanga, who is being represented by Chris Mhike, appeared in court yesterday making a fresh bid for freedom, citing changed circumstances, having recently been denied by High Court judge Justice Gibson Mandaza.
He is facing an incitement to violence charge under section 164 of the Criminal Law (Codification and Reform) Act.
Mhike yesterday made an oral bail application based on changed circumstances, one of which being that the State had not commenced its investigations and also because of passage of time.
The defence council opposed the State’s application to postpone Mhlanga’s case to April 22 for possible provision of trial day citing his client’s continued detention was unjustified and that the State had failed to meet its own timelines for concluding investigations.
“We believe that the State has no cogent reason for the postponement of this matter, and this postponement has an effect of extending Mhlanga’s stay in custody,” Mhike said. “On the initial appearance on February 25, the State indicated that it needed only 14 days to complete investigations.”
He added the investigating officer had verbally confirmed the 14-day timeline in open court.
“It is, therefore, unfair for the State to postpone after having over a month to complete investigations,” Mhike said.
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In the fresh application for bail, he argued that the State’s fears of Mhlanga interfering with investigations were unfounded.
“The State has now exhibited the reality that this fear of interference is superficial. All of the accused person’s workmates have visited him while in custody,” Mhike said.
“There are no juniors who work under the accused, but even if the State were to insist, all of them have visited him. The accused has not sought to interact with them for the investigation of this case.”
He also cited a High Court case HH567/2020 Hopewell Chin’ono vs The State to support the basis of his bail application, noting that “the law reflects that such an application can be made orally or in writing”.
Mhike questioned the consistency of the charges against his client.
He pointed out that Mhlanga was being held in custody over a charge similar to that of one journalist Owen Madondo, popularly known as DJ Ollah 7.
He said the State ought to treat Mhlanga’s case as they did with Madondo’s, where they refused to prosecute him citing that his guest had uttered the words not him.
According to Mhike, the fact that 98 individuals were in custody over demonstrations that are said to have happened on March 31 heightens the reason why Mhlanga should be granted bail.
“My client was denied bail on another basis that he would incite violence, but the day when the demonstrations and protests were said to be taking place has already passed,” the defence counsel said.
Prosecutor Anesu Chirenje opposed the application, maintaining that Mhlanga remained a security risk due to the nature and scope of the case.
“Counsel for the accused agrees that there are 98 people appearing before this court as an offshoot on which the accused is being charged with. All this is emanating from this case. If the accused is released, it means that these security risks will actually proceed,” the prosecution said.
“These events are actually proceeding, and if the accused is released, it worsens the situation.”
Chirenje added that releasing Mhlanga would compromise ongoing investigations.
“The accused, if released, is going to abscond because he knows investigations are being done. We need to do the trial and finalise this case. We will ensure the trial is done expeditiously.”
Chirenje, however, acknowledged the constitutional right to a fair and timely trial, saying: “We fully recognise and respect the right of the accused to be tried on time with no delay as inscribed in the Constitution of Zimbabwe
“We will ensure that this right is upheld.”
The State also indicated that the delay in proceeding was due to outstanding expert evidence.
