HARARE - High Court Judge Justice November Mtshiya on Friday reserved judgment to Monday 11 May 2009 in the bail application for three political prisoners namely Chris Kisimusi Dhlamini, Gandi Mudzingwa and Andrison Manyere.

In reserving judgment to Monday 11 May 2009 at 14:30 PM Justice Mtshiya said he needed more time to peruse through the State and the defence’s submissions and to consider previous judgments issued out by other High Court Judges pertaining to the three political prisoners.

Mtshiya had on Thursday 07 May 2009 postponed his ruling on the bail application to Friday 08 May 2009.

In court proceedings which lasted for more than two hours from 10:04 AM to about 13:00 PM defence lawyer Alec Muchadehama outlined to Justice Mtshiya the history of the three detainees’ case, from the time when they were first denied bail by Justice Omerjee in February to the time when they were granted bail by Justice Hungwe and their discharge from prison and their subsequent unlawful re-arrest.

Muchadehama indicated that the Supreme Court is yet to determine the interpretation of the seven-day period during which the State should lodge its appeal against the granting of bail with the Supreme Court.

Muchadehama explained that the detainees had applied for bail in the High Court after their indictment on Tuesday together with other political prisoners who were on bail just like the three detainees.

Muchadehama said the State’s appeal in the Supreme Court was now just an academic exercise since the three were indicted on Tuesday and are now entitled to make a fresh bail application in the High Court.

However, Mutangadura of the Attorney General (AG)’s Office insisted that the bail application by Mudzingwa, Dhlamini and Manyere was not properly before the court as the State still had a pending Supreme Court Appeal which has not been determined.

Mutangadura argued that the three political prisoners were never released from custody on bail and said their "purported release was an administrative error by the Registrar of the High Court."

He claimed that some officers from the Registrar’s Office had "simply appended their signatures to a Warrant of Liberation for the three abductees upon the defence’s explanation" that the seven-day period had elapsed without the State filing its appeal.

Mutangadura said some High Court officials had misinterpreted the rules of the High Court and hence the discharge of the three abductees cannot be "construed as a lawful release but a de-facto position."

He insisted that Manyere, Dhlamini and Mudzingwa’s application for bail is not procedural and therefore the Court cannot be hamstrung by a "defacto position."

At this point Justice Mtshiya intervened telling Mutangadura that "you seem to dwell much on the Registrar but the release of the detainees was in terms of the order of Justice Hungwe. Justice Mtshiya advised Mr Mutangadura that he cannot accuse the Registrar of activating a High Court order as the Registrar signs an order which a Judge would have indicated to be a High Court order.

Justice Mtshiya asked Mutangadura that "doesn’t the indictment of the three detainees bring new or changed circumstances, which would allow any person in custody to apply for bail?"

Muchadehama then told Justice Mtshiya that the bail application has also been necessitated by changed circumstances such as the indictment of the three abductees and therefore the pending Supreme Court appeal becomes academic.

Justice Mtshiya then reserved ruling to Monday 11 May 2009 at 14:30 PM.