Acting City of Harare town planner, Fani Machipisa who lost his mother a few hours after his arrest might be locked up following the state’s disapproval of him being granted bail.
Machipisa’s lawyer, Professor Lovemore Madhuku begged with the court to grant Machipisa bail so that he could go and mourn his deceased mother.
“Bail must not be denied on flimsy grounds and it is a Constitutional right which requires the State to prove reasonable grounds for it to deny bail,” said Prof Madhuku.
He added, “On compassionate grounds, he lost his mother yesterday and the court must take judicial notice.”
Machipisa is facing allegations of parcelling out stands without following proper procedure.
In bidding for his client’s freedom, Prof Madhuku also gave examples of former Harare Mayor Herbert Gomba, Admore Nhekairo who was the accused’s immediate boss who arrested and granted bail but facing similar allegations.
“The court must take judicial notice in the interest of justice that most of those arrested over the City of Harare land deals or related offences have all been granted bail after being arrested.Other cases that have happened in Harare City Council that involve senior and junior Councillors were admitted to bail.Hence basing on those grounds court should also consider the accused in the same manner,” said Madhuku.
He further proposed on behalf of the accused that he be granted bail and if the court is not satisfied it is in the court’s hands to put stringent measures in relation to bail.
However, the state has been saying that the accused person will not stand trial, considering the gravity of the offence and will not stand trial.
Magistrate Ngoni Nduna, however, said that advised he will possibly give his ruling possibly at the end of the day, depending on the progress of the day or tomorrow.
