The High Court has set Thursday as the ruling date for Amalgamated Rural Teachers Union of Zimbabwe (Artuz) president Obert Masarure’s bail application on charges of obstructing the course of justice.
Masaraure is accused of demanding in a Twitter post the release of his colleague Robson Chere, who was being held in connection with the death of an Artuz member, Roy Issa, in 2016.
The Artuz leader has spent several weeks in remand prison.
Masaraure’s lawyer, Tapiwa Muchineripi told High Court judge Justice Rodgers Manyangadze that the lower court erred in denying his client bail.
He submitted that it was wrong to suggest that his client was unrepentant, yet he had no single conviction.
“It is trite at law that a bail appeal stands or falls on account of whether or not the court a quo (lower court) misdirected itself or committed any irregularity or unreasonably exercised its judicial privilege in denying the appellant bail,” Muchineripi told the court.
“In the present case, we urge the court to answer that question in the affirmative because the appellant is deemed innocent until proven guilty. There is no evidence that he is unrepentant.
“There was misdirection on this point. The lower court denied him bail on the basis that he had a propensity to commit more crimes, yet he has not a single conviction.”
Muchineripi further argued that the State has not proven that Masaruare posted the offensive content on
“On what basis did the court a quo find out there was a strong case against the appellant when anyone can just open an account and post what they want. Twitter did not authenticate he was the owner of that handle for one to say there is a strong case,” he added.
Masaraure has other pending cases before the courts, including murder and subversion charges.