HEART & Soul TV senior journalist Blessed Mhlanga finally tasted freedom after spending more than two months locked up at Harare Remand Prison following his arrest in February this year.
He spent 72 days in remand prison after being denied bail on three occasions.
High Court judge Justice Gibson Mandaza yesterday granted Mhlanga US$500 bail on his second application saying there were changed circumstances in the journalist’s appeal.
Mhlanga was ordered to report at the CID Law and Order Harare Central Police Station once every Friday and not to interfere with State witnesses.
The journalist was arrested in February this year on allegations of transmitting material with the intent to incite public violence following a Press conference addressed by former Zanu PF central committee member and war veteran Blessed “Bombshell” Geza.
His lawyer Advocate Thabani Mpofu, who was taking instructions from Chris Mhike, had urged the judge to grant the journalist freedom, submitting that there have been changed circumstances.
Mpofu said Mhlanga was locked up following calls for protests by Geza, but people did not flood the streets and went on with their business.
“We submit that there was an obvious change in circumstances and the court a quo misdirected itself in dealing with a question that was placed before it.
“There have been changes that serve to address the concerns that were initially raised by the courts in denying the appellant bail.
“The charge is transmitting material with the intention of inciting violence. It is critical to consider the importance of the charge.”
Mpofu also argued that the transmission was linked to an event or events, adding that Mhlanga was a journalist who asked questions in an interview and answers were given.
“So if there is an allegation that material meant to incite violence was transmitted the time of the protests has come and gone.
“There was a call for a national shut down, but people went on with their business. What is alleged by the State to be the transmission of inciting messages has come and gone.
“What has not come and gone is the continuity of the incarceration of the appellant in jail. Part of the reasons for denying bail was that there might be disturbance of peace, disturbance in connection with the event,” he said.
Mpofu said there was no violence in the country, adding that even the judge, being a Zimbabwean, had noticed that.
He said there was a pending legal challenge at the Constitutional Court which might change the whole story, depending on the outcome.
Mhlanga filed an application seeking direct access to the Constitutional Court arguing that he was unlawfully arrested and charged.
The lawyer also said time had passed.
“The passage of time in this matter must constitute a changed circumstance. It constitutes a change in circumstance that entitles the appellant to bail. If there is no evidence that links him to the crime, he should not be in jail,” Mpofu said.
In challenging the bail application, the State said there was electronic and video evidence linking Mhlanga to the crime.
“The police said they have overwhelming evidence. This means they have gathered the evidence. They have assessed it and came to the conclusion that it is overwhelming,” Fungai Nyahunzvi representing the State said.
He said the argument that Mhlanga has not interfered with witnesses as evidence does not stand and “does not change the complexion of the case.”
“The fear is still being held. Trial date has now been given. One circumstance that has changed is that there has been passage of time, which has given the State time to prepare for trial and now we are saying we are now ready for trial.
“If we had not done so, maybe the argument that they have failed to give us a trial date would have helped their case,” Nyahunzvi said.
He also said if granted bail, Mhlanga might influence witnesses not to testify. “As we speak there are people who are appearing in this court after taking heed of the calls to protest so we still have that fear,” Nyahunzvi said.
