JUSTICE IN ZIMBABWE
112
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an instruction to keep Mr Moyo and Mr Mapombere in detention. Mr Moyo was then
held overnight at Borrowdale Police Station and Mr Mapombere at Avondale Police
Station. The next morning (6 June) Mr Moyo and Mr Mapombere were taken to the
High Court.
The court application
Meanwhile, on 3 June 2002 the lawyers representing Mr Moyo and Mr Mapombere
had applied to the High Court for an order that:
▪
the police forthwith produce the two men before the court;
▪
the two men be allowed unhindered access to the two by their lawyers;
▪
the two men be immediately released from detention on the grounds that
their detention was unlawful; and
▪
the police search warrant be declared to be unlawful.
The Judge President, Mr Justice Garwe, heard this application. The prosecutor told the
court that he had received no instructions in relation to this matter from the police.
The prosecutor advised the judge of the enormous difficulties which both he and the
Director of Public Prosecutions had experienced in trying to obtain instructions from
the police regarding the reasons for the detention of the two men.
The judge adjourned the proceedings on several occasions to allow the prosecutor to
obtain instructions. When the hearing resumed after the adjournments the prosecutor
informed the court that he and the Attorney-General’s office continued to be unable to
contact the Police Commissioner; he and his deputies and senior police officers all
had their cell phones switched off and were unavailable. It seemed that the senior
police officers who had ordered their re-detention were unwilling to provide reasons
for their detention.
The investigating officers, who were present at the hearing, were not in a position to
explain the two men’s detention. These officers, it will be remembered, had decided
on two separate occasions that they ought to be released.
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