JUSTICE IN ZIMBABWE
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in establishing a defence to a charge of murder and the existence of extenuating
circumstances in order to avoid the imposition of a death sentence.” 169
Comment
When dealing with a bail application the court is quite entitled to examine the strength
of the case against the accused. There were obviously strong grounds for refusing bail.
What is more questionable is whether the Supreme Court should have made the sort
of detailed findings that it did when dealing with an appeal against the refusal to grant
bail. Such detailed findings are surely only appropriate after all the evidence has been
heard when the matter is tried. There is a danger that such detailed findings could
prejudice the trial itself and any appeal to the Supreme Court.
Topic 10
10. THE LOVEMORE CASE
The Amani Trust is an organisation that assists victims of torture. It has been in
operation since 1993. Dr Lovemore is the medical director of Amani (Mashonaland
Branch.) In August 2002 Dr Lovemore spoke to the media about cases of rape
allegedly committed by militants to punish the victims for affiliation to the MDC or as
reprisals for their parents involvement in the MDC.
These interviews led to action being taken by the police. On the morning of 29 August
2002 plain clothed policemen searched the offices of the Amani Trust in Harare. Their
search warrant specified that they would search Dr Lovemore’s office to look for
subversive materials. However, in addition to taking materials from her office they
also took various papers from other offices. This was done despite objections from Dr
Lovemore’s lawyers. Dr Lovemore was arrested and taken to the Law and Order
Section of the Central Police Station. Her lawyers accompanied her. At Law and
Order, the officers insisted in questioning Dr Lovemore in the absence of her lawyer.
The lawyer insisted that she was lawfully entitled to be present when this questioning
took place, but she had to leave the room when the police threatened to remove her
physically. A warned and cautioned statement was recorded from Dr Lovemore on a
Select target paragraph3
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