/ 17 September 2003

Arrest of Zim judge ruled ‘unconstitutional’

Zimbabwe’s Supreme Court on Tuesday ruled as unconstitutional the arrest and detention of High Court judge Justice Benjamin Paradza early this year for allegedly trying to obstruct the course of justice, state radio said.

The court ruled that Paradza’s arrest and detention at a police station was ”unconstitutional”, ”unnecessary” and ”unwarranted”.

The judgement means the corruption charges the judge faced have been dropped, the radio said.

Paradza was accused of trying to influence his fellow judges to release the French passport of his friend and business partner, Russell Wayne Luschagne, who faced a murder charge.

The passport was being held by the Zimbabwean authorities while he awaited his trial. Details of the murder he allegedly committed and the outcome of his case were not available.

Paradza (45) was the second judge to be arrested in Zimbabwe.

Retired High Court judge Fergus Blackie was arrested in September, also on allegations of obstructing the course of justice.

But in June the Zimbabwe government withdrew charges against the retired white judge Blackie. He was arrested last year and detained for several days after irregularly releasing a white woman convicted of fraud.

The charges against Blackie had stemmed from his quashing of a sentence and conviction of Tara White in an appeal case he handled before his retirement.

In the past Paradza has handed down judgements that may have been seen to favour the opposition, notably after he ordered the release of the opposition mayor of Harare, Elias Mudzuri, who had been arrested for holding a meeting with ratepayers without police authorisation.

He also ruled last year that eviction orders served on about 50 white farmers were illegal. — Sapa-AFP