JUSTICE IN ZIMBABWE 90 ____________________________________________________________________ present, that would be sufficient grounds for holding that a reasonable suspicion exists that an offence has been committed by such other. On that basis an arrest is justifiable. The accused person may be placed on remand on the same basis and indicted if needs be. He concluded that the application had been made “solely for purposes of defeating the indictment.” With respect, the learned judge’s ruling is unsupportable. As indicated above, he did not refer to the indict papers, but seemed to accept that the only evidence against the applicants was contained in confessions allegedly made by their co-accused. These confessions were inadmissible against the applicants, even if they were to be admitted in evidence against the persons who made them. There was therefore no admissible evidence against the applicants, and so no “reasonable and probable cause” for their prosecution. It might conceivably be argued that there was sufficient suspicion for a court to put them on remand immediately after their arrest, in the expectation that the police would be able to gather further evidence from information contained in the confessions; but as the learned judge noted, they had been on remand for close on nine months. If after that time the only evidence against them was inadmissible, what possible justification was there for indicting them for trial in the High Court? Immediately after the ruling, the counsel from the Attorney General’s Office applied in the magistrate’s court for warrants of arrest for the three. A few days after the granting of the provisional order Mr Justice Kamocha was transferred to Harare. He had apparently been asked by Judge President Garwe to write a report about his ruling in this case. There was speculation that the ruling party had been angered by Mr Justice Kamocha’s order and that he was being transferred to Harare so that he could be placed under the supervision of the Judge President. 143 Three other suspects, Augustine Khethani Sibanda, Remember Moyo and Sazini Mpofu had already been indicted for trial and are in remand prison awaiting trial. The lawyers acting for Fletcher Dulini Ncube, Sony Masera and Army Zulu then made a fresh application to the High Court for the re-instatement of bail, which had been terminated by their indictment for trial in the High Court. The State continued to