Political activist Hopewell Chin’ono is today expected to make a fresh bail application on changed circumstances on charges of inciting public to stage violent demonstrations on the July 31.
Chin’ono, through his lawyer Ms Beatrice Mtetwa, wanted to make the application last week but Harare regional magistrate Mr Ngoni Nduna ordered him to return to court today for his fresh bail bid.
The State led by Mr Michael Reza had indicated that it was ready to hear his application and respond on a later date.
The High Court threw out his appeal for bail after noting that the trial magistrate’s decision was properly arrived at when he initially dismissed his at the lower court.
In denying him bail Mr Nduna noted that he had shown some defiance in the face of the State which was calling for banning the protests.
Also Justice Tawanda Chitapi in his decision to deny Chin’ono bail said: “In disposing of the matter, I determine that the appellant (Chin’ono) has failed to demonstrate any misdirection of fact, law or both made by the learned magistrate in the court a quo (lower court) as would justify interference with his judgment.
“In consequence therefore, the order I make is as follows . . .The appeal be and it is hereby dismissed.”
Justice Chitapi said releasing Chin’ono might enable him to continue with his campaign as there was no condition discernible capable of restraining him if he granted bail.
“The attitude of the appellant was therefore one of defiance of State authority on the basis of a claim of right. In such circumstances the learned magistrate cannot be faulted in his reasoning,” said justice Chitapi.