Harare - Harare magistrate Vongai Muchuchuti on Thursday dismissed an application for removal from remand by Pastor Phillip Mugadza and granted the clergyman free bail.
The case was postponed to December 14. Mugadza, who was arrested on Tuesday and charged with public nuisance and remanded in custody.
Through his lawyer, Gift Mutisi of the Zimbabwe Lawyers for Human Rights, he applied for removal from the remand, arguing that he had not been advised of his charges on arrest and had been assaulted by the police.
"Our application has been dismissed but we have applied for bail and our client has been granted free bail. The magistrate said our client was advised of the charges and there was no witness to testify that he was indeed assaulted by the police," Mtisi said.
Mtisi said despite production of a medical affidavit confirming that his client had been assaulted, the magistrate said there was need for an independent witness to testify.
The human rights lawyer had argued in his application that Mugadza's arrest and detention were illegal according to section 50 (1a & c) and section 50 (8) of the Constitution of Zimbabwe. He further argued that Mugadza was assaulted by people in plain clothes while in police detention as uniformed police officers watched.
Mugadza was arrested by parliament security on Tuesday after he chained himself to fencing rails at Africa Unity Square just opposite parliament building in protest against the government.
It is the second time that Mugadza has been arrested in a week for his lone protests.
African News Agency