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six men accused of plotting a coup to oust President Mugabe from office so that Defence Minister Emmerson Mnangagwa could take over want to be released from remand prison following their acquittal on a charge of conspiring to escape from lawful custody.
Albert Matapo, Nyasha Zivuku, Oncemore Mudzura-hona, Emmanuel Marara, Patson Mupfure and Shingirai Mutemachani were arrested for allegedly planning to escape while they were awaiting trial on the treason charge.
Their treason trial at the High Court was stalled pending determination of the Supreme Court appeal in which they are challenging their re-indictment.
The six have filed an application at the High Court seeking an order for their release from custody while they await the outcome of their Supreme Court challenge.
Their lawyer, Mr Charles Warara of Warara and Associates, submitted that High Court judge, Justice Joseph Musakwa, had earlier ordered their release after their indictment lapsed.
They remained in prison after Harare magistrate Mr Don Ndirowei re-indicted them. Warrants of liberation had already been signed when they were re-indicted.
“The applicants are automatically entitled to be discharged from prison because the High Court, through Justice Musakwa, had ordered their release,” their lawyer said.
Prosecutor Mr Edmore Nyazamba opposed the application saying the re-indictment was proper. He added that that most of the issues relied upon by Mr warara were issues before the Appeals Court and were yet to be determined. Mr Nyazamba said there was nothing wrong with committal to prison after re-indictment because that was the legal procedure. — CR.