The prolonged incarceration of a Form Four pupil, Nicola Chabata, was largely because her lawyers never brought up the fact that she was a schoolgirl .

She was one of the 78 opposition CCC activists arrested in June, for allegedly participating in an unsanctioned gathering .

Harare magistrate Mr Collet Ncube yesterday released Chabata on US$50 bail after she had spent three months in custody. The prosecution did not oppose bail, citing that she had recently turned 18.

The defence lawyers failed to tell the court the circumstances of Chabata until the last minute when they sought to argue changed circumstances on the grounds that she was about to sit for her O-Level examinations in a few weeks' time.

Defence Attorney Mr Webster Jiti of Jiti Law Chambers argued that Chabata's education had suffered due to her prolonged detention.

"The consent came late, and it is on record that she is a student. We welcome the concession for all accused persons to be granted bail," Mr Jiti said.

Mr Ncube ordered Chabata to deposit $50, reside at her specified address, and report monthly to Epworth Police Station until the matter is finalised.

"Upon considering that there was no opposition for application for accused number 17 (Chabata), its by consent," said Mr Ncube.

This development follows the acquittal of 12 co-accused due to lack of evidence and the dismissal of disorderly conduct charges against all 78 activists.

The court will reconvene today to consider separating the dockets for accused numbers four and five, Tambudzai Makororo and Godfrey Hondongwa.