By Costa Nkomo
The bail ruling for three pro-democracy campaigners, Samuel Gwenzi, Namatai Kwekweza, and Robson Chere, is scheduled for August 16, 2024.
Harare Magistrate Ruth Moyo is expected to deliver her ruling after considering testimonies from both state witnesses and the defense.
The trio was arrested at Robert Mugabe International Airport on July 31, 2024. They were held incommunicado for eight hours and allegedly subjected to severe torture, with Robson Chere reportedly requiring medical attention.
During cross-examination on Thursday, Detective Assistant Inspector Panganai Gwati, the second state witness and arresting officer, vehemently denied assaulting the accused, insisting that the arrests were conducted lawfully.
“I deny ever assaulting these individuals as the arresting officer,” Gwati stated.
“The complaints were reported to my superiors, the officer commanding CID Law and Order Harare District. The accused were never assaulted by the arresting team. I was also informed by my superiors and the investigating officer that accused number one, Kwekweza, had distanced herself from the scene of the crime, claiming she was in Germany. This was investigated, and it was confirmed that the accused was not in Germany,” he added.
When defense counsel Jeremiah Bhamu presented Kwekweza’s Emergency Travel Document, obtained from the Zimbabwean embassy in Germany after she misplaced her passport, to the court and Detective Gwati, Gwati claimed he could not comment on the document.
He alleged the document had a faint stamp, making it difficult to verify the date and therefore impossible to confirm its authenticity.
To counter Kwekweza’s alibi, Gwati claimed that the Chief Director of Immigration at Robert Mugabe International Airport had found no records indicating Kwekweza left the country.
“The Chief Director of Immigration indicated that a check for the requested travel period found no record of exit or entry by accused number one, Kwekweza, which indicates that she was in the country,” Gwati said.
However, Bhamu objected, challenging Gwati to pinpoint where in the report the Chief Director specifically made this assertion.
Bhamu argued that the report only stated that there was no record of Kwekweza’s travel history between June 1 and June 30, 2024, and did not dispute her claim of being out of the country.
Regarding Samuel Gwenzi, Detective Gwati testified that the accused was identified by Sergeant Mutamba, the officer commanding at Harare Central Police Station. Gwati alleged that Sergeant Mutamba had attended Citizens Coalition for Change (CCC) rallies where he had seen Gwenzi, making his identification straightforward.
For Robson Chere, Gwati cited a complex arrest history, including a previous murder charge.
When further questioned by Bhamu, Gwati frequently responded with, “I don’t know” or “I cannot comment on that.”
Gwati concluded by arguing against bail, stating that the accused were likely to continue protesting for the release of Jameson Timba and others still in custody.
“The accused are not good candidates for bail,” Gwati stated. “They committed the offence as part of a protest demanding the release of other individuals who have been denied bail and remain in custody.”
