Update from the ISO on Gwisai +44
The update from the International Socialist Organisation (Zimbabwe) below provides a heart-felt update on the case of Munyaradzi Gwisai and the 44 others who have been charged with treason:
Update – 2 March 2011
We do appreciate all your efforts in solidarity with our detained comrades. we have noticed a number of solidarity protests, messages, statements and financial and material assistance from you comrades. We greatly appreciate that. Here is an update of what’s going on in respect of the matter.
The matter went before the magistrate Munamato Mutevedzi yesterday (Day 11). As previously the state was represented by Nyazamba and Mthombeni and our very comrades were represented by Alec Muchadehama being assisted by Mandevere Marufu. The matter began by the state cross-examining Cde Munyaradzi Gwisai, followed by the evidence of Antonater Tafadzwa Choto and Mascilne Zvomuya who were also cross-examined by the state. It was an interesting moment comrades. Mr Muchadehama made a conclusion after the evidence of his witnesses and the prosecution was given a chance to respond. That’s when the problem began. The prosecutor said he wanted time to research on the authorities cited by defence lawyer and added that his response was voluminous but the magistrate indicated that the matter was to be concluded since he will be not available for the rest of the week.
We adjourned for an hour and finally the matter was postponed to Monday 07/03/11. You could witness sorrow on the faces of the families who came expecting the release of their relatives and friends. The accused are therefore still in custody. Defence counsel however insisted that those who need medical attention, particularly those who are HIV positive and those who were tortured by police must be medically examined by doctors of their own choice and that order was granted by the magistrate and that it should be done in line with prison regulations.
The magistrate therefore will grant his determination on Monday but please note that the accused are not yet on remand and that this not yet the trial. If they are placed on remand they will have to apply for bail at the High Court. These proceedings are merely preliminary. The magistrate’s court has no jurisdiction over treason cases. The magistrate is to give a ruling on whether there was reasonable suspicion or not at the time of the arrest. If there was reasonable suspicion then the accused will be placed on remand, if there was no reasonable suspicion then the accused will be released because the arrest will be ruled unlawful. The defence lawyers are refusing the accused being placed on remand since there was no reasonable suspicion and no crime was committed. That ruling will be on Monday.
We visited the male prison after the court session to give them food only to be told that we were late so we failed to serve them.