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Zimbabwe court adjourns appeal by 'torture' seven

Posted : Wed, 07 Jan 2009 16:18:43 GMT
By : DPA
Category : Africa (World)
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Johannesburg/Harare - A Zimbabwe court Wednesday adjourned to Thursday a case in which six members of the main opposition party and a freelance journalist accused of terrorism, banditry and insurgency were appealing against being placed on remand. Alec Muchadehama, lawyer for the seven spent Wednesday arguing in court that his clients must not be remanded as they had been kidnapped and tortured. They could face the death penalty if convicted.

They include Gandi Mudzingwa, an adviser to the opposition Movement for Democratic Change (MDC) leader Morgan Tsvangirai, and Chris Dhlamini, head of security for Tsvangirai's party.

"These charges are ridiculous and scandalous," said Muchadehama referring to an accusation that the seven were responsible for two blasts in the main Harare police station and a botched bombing of a highway bridge and railroad line west of Harare last year.

The seven are part of the 32 activists allegedly kidnapped by state agents between October and December last year.

Two doctors testified in court Wednesday that the seven "urgently" need medication and medical attention.

The state has been arguing they must not be taken to a private clinic, claiming the prison clinic has trained staff for any medical requirements.

"He has hypertension which can be dangerous if left unattended to," Dr Ruth Harava told the court of Shadreck Manyere, a freelance journalist whom she examined.

Manyere had "received knocks in the head, so he might have sustained head injuries. So he needs an X-ray urgently," she added.

Another of the seven was passing blood after kidnappers allegedly assaulted him near the kidneys. "He might have a renal failure if he is not attended to as a matter of urgency. He might also have an internal bleeding," said Harava.

Another doctor, Frances-Ann Lovemore, said Mudzingwa had experienced "significant psychological torture". A sworn statement by Mudzingwa alleged he had been held under water several times and nearly drowned.

Magistrate Olivia Mariga was to expected to rule Thursday on whether the seven must be remanded. They argue that they were not legally brought to court.

The Supreme Court is expected to rule on the legality of the charges and the circumstances surrounding the activists' alleged kidnapping. The Supreme Court has yet to set the date of hearing.

The alleged abduction and subsequent treatment of the activists by Harare has led the opposition Movement for Democratic Change leader Morgan Tsvangirai to threaten to pull out of the power-sharing deal he signed with in September 2008.

The power-sharing deal which will keep Mugabe as the president while Tsvangirai becomes prime minister follows a hotly disputed presidential run-off in June which was marred by more than 200 deaths mainly targeting the opposition supporters.

Copyright DPA

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