Prosecutors block bail for British journos

Published Apr 4, 2005

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By Stella Mapenzauswa

Norton, Zimbabwe - Zimbabwe prosecutors on Monday blocked a magistrate's order granting bail to two British journalists arrested last week on charges of working without official permission.

The Sunday Telegraph's chief foreign correspondent Toby Harnden and photographer Julian Simmonds were immediately taken from the court in Norton to a prison in the capital Harare.

They were arrested last Thursday, the day of Zimbabwe's parliamentary elections.

Earlier on Monday, magistrate Never Diza had set their trial for Tuesday and granted bail of ZIM$1-million (about R600) each.

But prosecutors immediately objected to their release and invoked a section of Zimbabwe's criminal code which set aside the magistrate's order and gave the government seven days to appeal it.

The two journalists told reporters outside the hearing that they were in decent shape.

"It's been uncomfortable but we have not been treated badly," Harnden said.

They were due back in court on Tuesday to face charges of breaking Zimbabwe's strict media laws by covering Thursday's parliamentary polls without official accreditation.

They have also been charged with breaking Zimbabwe's immigration regulations, and could face up to two years in prison although official media have indicated the men are more likely to be fined and immediately deported.

Under Zimbabwe's media laws foreign journalists are banned from working in the country permanently and must seek temporary licences with a state commission for brief assignments.

Prosecutors argued against granting the British journalists bail, saying they were a flight risk even though their passports had been confiscated.

Defence lawyers said the British Embassy had undertaken to keep them in custody pending Tuesday's trial and that they would not flee.

Defence attorney Beatrice Mtetwa said the prosecutors' decision to override the bail order demonstrated serious problems with the country's legal system.

"What's the point of going to the magistrate when the decision lies with one of the interested parties? It means that the court's hands are tied," Mtetwa said after the hearing.

"They will go to trial tomorrow, but it means they will remain in custody."

Police said on Thursday the pair had entered the country as tourists from Zambia. The Sunday Telegraph declined to comment.

Government officials say more than 200 journalists were accredited to cover the March 31 elections but many others had their applications rejected.

Zimbabwe has arrested or deported dozens of journalists and denied others entry under its media rules, which Mugabe's government introduced three years ago.

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