BY PATRICK CHITONGO

CHIREDZI-Chiredzi magistrate Geraldina Mutsoto today(Wednesday) ordered the release of renowned Lowveld commercial farmer Robert Style after spending three nights in custody.

Style was arrested on Sunday and spent two nights in Chiredzi police station cells.He had to spend another night at Buffalo range prison after the State failed to prepare a written application opposing bail which was being sought by his lawyers.On his initial appearance in Court on Tuesday,State had indicated that it wanted Style to be remanded in custody for a period of two weeks before giving him a trial date

The State was however challenged to proffer legal reasons for that,only to say it was working on instructions,much to the chagrin from the defence counsel.
On his second appearance the following day,State and defence counsel consented to bail in Chambers, agreeing that Style must pay $200 bail,remain staying at his Buffalo range farm house as well as surrendering his passport to the clerk of court and not to interfere with State witnesses.

Tables turned while in Court after the defense counsel,now additionally comprising of Prince Ganyani and Trust Manda,laid the burden on the magistrate to rule on the legality of of Style’s arrest.Manda,for the accused,told the Court that they were arm twisted consenting to bail when in actual fact they felt their client was wrongfully arrested and detained.

“Your worship,we only consented to bail for the purposes of expediance and desire to have freedom for our Client.We however have submissions to make so that the burden will be laid on this honourable Court to rule whether accused must pay bail or not” Manda said.

He went on to submit that his client’s arrest was unprocudural,since he was recorded a warned and caution statement on 20 June 2017 and released.He was advised that he was going to be served with summons to appear in Court.The summons were never served on him,untill his arrest on Sunday.Manda said his client was not served with State papers and emmediately advised of charges against him upon his arrest as required at law.He also said the docket was sent to court but there was no application opposing bail from state in it.

Addressing issues raised by the defense counsel,Noel Muranda for the State,said after Style was recorded a warned and Caution statement in 2017,he was nowhere to be found hence the arrest on sight on Sunday.

Prince Ganyani shot down Muranda’s submissions,arguing that there are two accused on the docket,Robert Style and and his company, Buffalo range properties.
“This is bizarre.On the docket there are two accused.Buffalo range properties is a company which can not be said it was running away or could not be seen.The company has other directors and at law it is permissable to serve summons on any responsible person at the company” he said.He queried whether Style was arrested so as to be served with summons.

“This Court is persuaded to find out whether accused was arrested to be served with summons,or was supposed to be served with summons and get arrested after absconding Court.We also would want to know whether accused is here for bail application remand orvtrial.The burden now lies with this honourable Court to rule whether accused must pay money yet he was wrongfully brought before this honourable Court.Yes,in chambers we agreed to bail,but as alluded before we did that only to secure freedom of our client but this court must decide whether this is right or wrong”Ganyani said.

It later emerged that Style was not arrested by police but was only handed to the force for Court procedures.He stood all the Court proceedings for two days under hostile conditions by standing in the dock wearing leg irons,in violation of Court procedures on the part of Prisons.

Magistrate Mutsoto ruled that Style be released on free bail after finding out that the arrest and detention were unprocudural.He will appear in court on 3 January 2020 for trial.