Top rights lawyers, Douglas Coltart and Tapiwa Muchineripi arrested Monday on allegations of obstructing the course of justice have been granted US$100 bail each.
Coltart and Muchineripi were arrested while attending to their clients, Womberaishe Nhende and Soneni Mukhulane who are abduction and torture victims currently admitted at Parktown Hospital in Harare.
They had denied a police detective, only identified as Chafa, access to their clients because of their current mental and physical state.
The two also told the cop that no police report had been made regarding their client's abduction as such there was no need to interview them.
Coltart and his colleague appeared before Harare magistrate, Dennis Mangosi raising a number of complaints including that their arrest was unlawful.
They however reserved their right to challenge placement on remand however putting the state on notice to do so on their next remand.
"Their arrest was unlawful. They were instructed independently to attend to the case of Womberaishe Nhende and Soneni Mukhulane who were admitted at Parktown Hospital as patients," their lawyer, Alec Muchadehama.
Muchadehama said earlier some officers had cordial conversations where Coltart and Muchineripi advised them that the patients were indisposed.
"They were speaking with Detectives Maziti and Makuwe.
The police agreed that they would attend on another day.
"Later on Chief Inspector Chafa came to the scene and he was advised of the same issue.
Chafa actually confirmed the conditions of the persons in the hospital and saw for himself.
"Chafa started being dramatic from nowhere and started alleging that the accused were defeating the course of justice.
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"Even if you read the 242, it is clear that there is no reasonable suspicion that they committed an offence," said Muchadehama.
He added Paragraph 7 of the annexure shows that the only allegation is that they denied the detectives access to the victims of the alleged kidnapping arguing that the victims had not made any report with the police.
"There is no information on what it is that the accused did. This arrest was illegal.
"The actions of the police are a direct attack on the accused to practice their profession. The accused clearly told the police why they were there. Even the complainant or witness is entitled to legal representation," he said.
Muchadehama also said his clients were unlawfully detained in police custody.
"The purpose of detaining a suspect is to ensure that they attend court. The detention was deliberate, it was to treat them in an inhumane manner. This detention is a violation of s49(b) and 50(1)(c) of the constitution," he said.
The state promised to take necessary steps regarding the complaints and did not oppose bail.
The two will be back in court on October 20 where a determination on their placement on remand will be made.
Zebediah Bofu prosecuted.
