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Hopewell Chin’ono arrives at Harare Magistrates Court escorted by detectives and riot police on Thursday, November 5, 2020. (Photo: Frank Chikowore)
Hopewell Chin’ono, who was granted bail by the Harare High Court on the charge of inciting Zimbabweans to rebel against the president, is now being charged with contempt of court and obstruction of justice.
Controversy surrounded the court appearance in Harare of prominent Zimbabwean investigative journalist and documentary filmmaker Hopewell Chin’ono on Thursday after he was stopped again this week and charged with contempt of court and obstruction of the course of justice.
Chin’ono, who is out on bail on separate charges of inciting Zimbabweans to rebel against President Emmerson Mnangagwa, he was brought to court in handcuffs and immediately told reporters that the new charges were false.
“I am being persecuted by Emmerson Mnangagwa and his administration; journalism is not a crime, ”Chin’ono said as detectives and riot police escorted him to the court building.
Inside the court building, riot police threatened to assault lawyers, journalists and others following the Chin’ono case, demanding that they leave the courtroom. When the situation calmed down, Chin’ono’s lead attorney, Beatrice Mtetwa, returned for the first time after a court prohibited it representing him in the incitement case, she told Magistrate Marehwanazvo Gofa that Chin’ono was wrongly before her and that she should be immediately released.
“The accused is wrongly in court because the 48-hour period stipulated by law for a detainee to appear before a magistrate or judge has passed,” said Mtetwa.
“This court is asked to remedy an illegality if it refers the accused into custody or out of custody when the accused is wrongly in court. Hopewell was arrested at 5.15pm on Tuesday and will only appear before you now when the 48 hour period has expired. “
However, the prosecution, led by Audrey Chogumaira, proposed to present evidence from the investigating officer and hear Chin’ono’s request for bail afterward. This was opposed by Mtetwa, who argued that the state could only proceed by subpoena.
Mtetwa also claimed that Chin’ono’s case was being heard in the wrong court.
“This is an anti-corruption court and we wonder why the defendant has to appear in this court when he is not facing corruption charges,” Mtetwa said.
However, because the matter had been brought to the attention of the court after hours, the magistrate detained Chin’ono until Friday to allow the state to present evidence from the police officer investigating the case.
State documents show that Chin’ono, who was granted bail by the higher court, is now being charged with contempt of court and obstruction of justice.
The documents say that Chin’ono allegedly posted a message on his Twitter account “that the statement intended to harm Henrietta Rushwaya and her own case that was pending in the magistrates court.”
Rushwaya, who is the president of the Zimbabwe Miners Federation, was arrested last week on charges of attempting to smuggle 6kg of gold into Dubai through Robert Gabriel Mugabe International Airport in collusion with a Pakistani businessman, Ali Mohamad, and some of Mnangagwa’s security assistants.
The Rushwaya case opened a can of worms, with Mnangagwa’s wife, Auxillia, and their son Collins being fingers in the smuggling syndicate. Following the complaint, Zimbabwe’s first lady rushed to issue a statement distancing herself from the gold smuggling scandal.
Meanwhile, court documents in the latest Chin’ono case further state that while on bail, Chin’ono claimed to have created lines of communication with the National Prosecutor’s Office and obtained confidential tax deliberations.
If the prosecution succeeds in having Chin’ono placed in pretrial detention on the new charges, the state could revoke his bail conditions for the previous charge.
Chin’ono’s arrest has drawn criticism from local, regional and media watchdogs, including the Southern African Media Institute and the Committee to Protect Journalists (CPJ), who have called on the Zimbabwean authorities respecting the freedom of the media.
CPJ Africa Program Coordinator Angela Quintal said Daily maverick that the Zimbabwean authorities should not attempt to censor journalists.
“We hope this is not an orchestrated attempt to revoke [Chin’ono’s] bail conditions, “Quintal said. DM
