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Alec Muchadehama

Daniel Nemukuyu Senior Court Reporter
The National Prosecuting Authority yesterday withdrew its constitutional application in which it was contesting the acquittal of Harare lawyer Mr Alec Muchadehama and a High Court clerk Ms Constance Gambara on charges of contempt of court. Mr Muchadehama and Ms Gambara were accused of facilitating the illegal release from Chikurubi Maximum Prison of two MDC officials, Gandhi Mudzingwa, Kisimusi Dhlamini and freelance photojournalist, Andrison Manyere, who had been granted bail by the High Court.

A Harare magistrate on December 14, 2009 discharged Mr Muchadehama and Ms Gambara at the close of the State’s case, but the National Prosecuting Authority filed an application for leave to appeal at the High Court, which dismissed the application because there were no prospects of success on appeal.

Eleven months later, the same office filed a Supreme Court application for condonation and extension of time within which to appeal the High Court decision.
Deputy Chief Justice Luke Malaba threw out the application, saying the Prosecutor-General had no right to appeal under the circumstances.
The NPA then filed a constitutional application challenging the court’s decision.

Chief Justice Godfrey Chidyausiku yesterday confirmed the withdrawal of the constitutional case after the NPA communicated its U-turn on the matter.
“The matter is removed from the court roll,” said the Chief Justice.

Chief Law Officer Chris Mutangadura told the court that the NPA was withdrawing the matter and offered to tender wasted costs.
“I wish to formally withdraw the application on condition that we tender costs at an ordinary scale,” he said.

Ms Gambara, being the clerk to Justice Bhunu, handed over a copy of the signed order to Mr Muchadehama, which directed the release of his three clients on bail.
Using the order, Mr Muchadehama’s clients paid bail money at the Harare Magistrates’ court and were set free. The State, in prosecuting the two, argued that the order granting them leave to appeal against bail in respect of the three suspects meant that the bail order had to be suspended.

Harare lawyer, Ms Beatrice Mtetwa, represented Mr Muchadehama and Ms Gambara.