HARARE – A High Court judge freed opposition MDC Alliance party activists Joanna Mamombe and Cecilia Chimbiri on Tuesday, ending their eight-day spell in remand prison after concurring with defense lawyers that a magistrate had erred in denying them bail.
Justice Webster Chinamhora ordered the two to deposit ZW$10,000 apiece with the court.
Mamombe, a Member of Parliament for Harare West, and her co-defendant were arrested last week on charges of shouting obscenities at law enforcement agents or undermining police authority following a flash protest in the capital.
Their lawyers Charles Kwaramba and Jeremiah Bamu argued before the judge that Harare magistrate Stanford Mambanje had misdirected himself by turning down their clients’ bail request because they were not a flight risk.
They characterised the charges as minor, adding that police could have assessed the infraction at a station and imposed a fine rather than locking up the opposition politicians and taking them to court.
Leading the defense, Kwaramba charged that the gravity of the alleged offense was being overblown. He also said the duo needed to see a doctor as they were not feeling too well.
“The appellants are facing allegations of a verbal exchange with police officers which only attracts a fine. This is a level 7 offense that the police could have assessed and admitted the two to a fine,” he said.
“Both Mamombe and Chimbiri deny the charges.”
Kwaramba also submitted that Mamombe and Chimbiri ought to be released from remand so as to assist in decongesting prisons.
“The court also has to consider the nature of the charge, taking into account a judicial notice that the prisons have to be decongested at such a time… The weight attached to the charged by the State does not equate to anyone being denied bail, it must be less,” he added.
Prosecutors countered and opposed bail, arguing that Mamombe and Chimbiri are habitual offenders, with Mamombe facing three other charges including subversion, promoting public violence, and publishing or communicating falsehoods.
