Court Reporter (The Herald Zimbabwe)

THE High Court yesterday dismissed an appeal for bail by Centre for Research and Development Trust director Farai Maguwu, who is charged with communicating falsehoods on the human rights situation in the Chiadzwa diamond fields.

Justice Chinembiri Bhunu upheld a magistrate’s decision to deny Maguwu bail saying the trial court had not misdirected itself in coming up with its decision.

Maguwu faces up to 20 years in prison if found guilty.

Justice Bhunu agreed with the magistrate’s findings that investigations were still in progress and Maguwu was likely to interfere with them if released on bail.

"Upon careful analysis of the magistrate’s decision, I see no misdirection. The appeal is hereby dismissed," ruled Justice Bhunu.

He said the available evidence pointed to a strong case against Maguwu.

It was the court’s finding that Maguwu’s allegations that he had been ill-treated while in remand holding cells were improperly brought before the High Court because the magistrates’ courts had already ordered an inquiry into the matter.

"While the courts do not condone the behaviour of ill-treatment of suspects, there is need for a proper inquiry before making a determination.

"The magistrate was, therefore, correct when he made an order for an inquiry," Justice Bhunu said.

Maguwu is accused of authoring and disseminating false documents in which it is claimed that the police and the army were involved in human rights abuses at Chiadzwa.

The NGO director allegedly handed over the documents to Kimberley Process Certification Scheme monitor for Zimbabwe Mr Abbey Chikane during his second fact-finding mission to the country.

The State believes Maguwu wanted the documents to influence the South African industrialist to compile an adverse report on Zimbabwe’s diamond mining industry and in the process hold back KP certification.

This would mean Zimbabwe would not be allowed to trade the diamonds with other KP members, who make up the bulk of the international market for the gems.

The investigating officer was yesterday said to have gone to South Africa to recover the documents that Maguwu is alleged to have authored and given to Mr Chikane.