Magistrate Ngoni Nduna has denied bail to journalist Hopewell Chin’ono on the grounds that there are no new facts warranting his admission to bail.
Chin’ono had applied for bail pending trial for third time but on different circumstances.
“It will be wrong to say 31 July was a non event. The violent demonstration remain pending. The date is only a day this was set to commence. The demonstration is still pending. Bail is hereby denied,” he said.
However, Magistrate Nduna said new circumstances does not mean bail is obvious although bail is a constitutional right.
“I am aware bail is now a fundamental right founded in the Constitution and there can be no doubt it is a right.
“With the case I am ceased with, applicant said the state of prisons is a new circumstances. He said when he was first brought to court he was not aware of the conditions at both the Remand and Chikurubi prison he said this was not raised in his previous application,” he said.
He also acknowledged that there is Covid-19 pandemic world wide and that Zimbabwe is not spared but said Chin’ono lied that he did not bring it up in his initial application.
“It is wrong to say this was not raised. What he has done is to add additional information to what he raised earlier.
“His arguments did not support his bid for release on bail but was meant for bad publicity,” he said.
In his ruling, Nduna said Chin’ono only intended to soil the image of prisons by talking about his welfare.
Nduna said it is true but “Basis for the call of the protest was meant for the fall of Zanu PF which has not happened.
Chin’ono is in court for inciting public violence.
He was arrested together with the 31 July convener Jacob Ngarivhume whose bail appeal was also thrown out.
