Friday, June 11, 2010

Court Denies Bail to Zimbabwean Diamond Activist

HARARE -- A Harare magistrate on Thursday turned down a bail application by prominent civil society activist Farai Maguwu who is accused of communicating false statements prejudicial to the state after he allegedly wrote reports detailing alleged human rights abuses at the notorious Chiadzwa diamond field.

Magistrate Don Ndirowei said Maguwu -- the Centre for Research and Development director (CAD) -- was not suitable for bail because he faces serious charges and police are yet to complete their investigations.

The magistrate said Maguwu, who faces up to 20 years imprisonment if convicted, was most likely to interfere with investigations. He ordered the police to expedite their investigations before Maguwu can be released on bail.


Ndirowei remanded Maguwu in custody to June 23.

Speaking outside the courtroom defence lawyer Johane Zviuya said they were not happy with the ruling adding that they were going to appeal at the High Court.



“It is shocking because this ruling gives the police room to arrest and then investigate cases. We are going to make an appeal at the High Court as a matter of urgency,” said Zviuya.


Earlier the magistrate had dismissed Maguwu's application for refusal of remand arguing that the "facts that were brought by the state constitute a crime known at law and they sufficiently link the accused (Maguwu) to the crime".

"The accused is hereby placed on remand as per the charge sheet,” ruled



Ndirowei, dismissing the defence's submission that that their client could not be charged under section 31 of the Criminal Law (Codification and Reform) Act because it was subject to a Supreme Court challenge.



Maguwu, who was arrested on Thursday last week after handing himself



over to the police, is charged with breaching the Criminal Law (Codification and Reform) Act by publishing or communicating false statements prejudicial to the state.



The state accuses Maguwu of having authored several documents containing false information concerning activities at Chiadzwa diamond mining fields and purported human rights abuses by the police and soldiers on panners.




Police also allege that the information was kept at his offices in Mutare, at his home and on his laptop which is in the hands of the investigating officers.



The police cite a document entitled "Grant ECEZ/FL030" and headlined "March 2010 Progress Report", which was allegedly recovered at Maguwu’s house. They also cite an email address that was titled "CRD Chiadzwa April Report" and was allegedly sent from one Tor-Hugne Olsen to Maguwu and copied to Antony Dekker and Gabriel Shumba.



The civic society activist attracted the ire of President Robert Mugabe’s government after he gave the visiting KP monitor Abbey Chikane a report detailing human rights abuses by soldiers.



He also told Chikane that workers from two firms contracted to mine diamonds at Marange in line with KP standards were stealing diamonds for sale to foreign dealers.




Maguwu, whose organisation has tracked and exposed illegal diamond mining and smuggling at Chiadzwa met Chikane in the eastern city of Mutare two weeks ago and said he had provided him with “hard evidence” showing soldiers were abusing villagers while smuggling and other illegal activities persist at Chiadzwa.




Chikane was in Zimbabwe on his second visit to assess whether operations at Marange comply with KP standards, a key requirement before the world diamond industry watchdog can certify stones from the Zimbabwean field clean and fit for sale on the international market.



The KP monitor has recommended that Zimbabwe be allowed to sell diamonds from Chiadzwa. -- ZimOnline