By Fanuel Jongwe
Harare - A Zimbabwean judge on Monday threw out a case against 10 staffers of an independent radio station charged with breaking the country's tough audiovisual laws after branding the dragging trial a "circus."
Magistrate William Bhila turned down a request by state prosecutors for a further adjournment against the employees of the Voice of the People (VOP) radio station until November 9, saying: "This is becoming a circus."
"This matter has already been postponed three times. There is no reason to keep the accused on remand. Remand is refused," he said.
Beatrice Mtetwa, representing the accused, hailed the decision and said her clients were victims of a government clampdown on critics.
"This is clearly a case where the state abuses the prosecution process for political reasons," Mtetwa said after the ruling.
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"There was no basis in the first place to bring them to court and all these things they say the want to establish, the police should have established first even before the arrests" she said.
Seven directors and three other employees of the VOP radio station were arrested in December and January and detained at Harare's main police station, accused of possession and operation of transmission equipment without a licence.
Zimbabwe passed tough media laws in early 2002 which have been invoked to expel foreign correspondents and muzzle the country's once-vibrant independent press.
On Monday, the prosecution played for more time, saying it wanted to withdraw the charges against the 10 individuals and instead charge the radio station.
"It is the prosecution's considered view that proceedings have to be against the company, VOP Trust, and not the accused in their individual capacities," prosecutor Albert Masamha said.
But the lawyer for the accused strongly argued against the move on the ground that they had suffered enough.
"One of my clients has travelled from the United States where he is studying only for the trial to be postponed again. One of them is based in South Africa. There will be absolutely no prejudice to the state if the accused are removed from remand," Mtetwa told the court.
The seven directors are Arnold Tsunga, Millie Phiri, Isabella Matambanadzo, David Masunda and Nhlanhla Ngwenya, Lawrence Chibwe and John Masuku.
The shortwave radio station is one of only two independent broadcasters which have managed to circumvent Zimbabwe's repressive media laws by using transmitters outside the country to carry their programmes on shortwave.
Most of VOP's programming is in the two main languages - Shona and Ndebele - placing it among the few independent media able to reach the large rural population who have no access to newspapers.
Zimbabwe has four radio stations and one television station all controlled by the government.
Plainclothes police in December ransacked the radio station's offices in central Harare, arresting staffers Maria Nyanyiwa, Takunda Chigwanda and Nyasha Bosha and held them in cells for four days.
Under the strict broadcasting laws passed in 2001, radio stations are required to register with a government-appointed board. A breach of the laws attracts a 20-dollar penalty or a jail term of up two years.
VOP broadcasts into Zimbabwe on shortwave from its transmitter in Madagascar. Its offices were firebombed in August 2002. - Sapa-AFP
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