PRESS COVERAGE ABOUT TOBY HARNDEN AND HIS WORK - ZIMBABWE

CNN International: International Correspondents 30 April 2005
Critique of Worldwide Media Coverage
TRANSCRIPT

NIC ROBERTSON, CNN ANCHOR: Hello. I'm Nic Robertson, in London. Welcome to CNN'S INTERNATIONAL CORRESPONDENTS, where we examine how the media are covering the big stories of the moment.

Accused of spying, overstaying and committing journalism, two British journalists are the latest to fall foul of Zimbabwe's Draconian media laws. Toby Harnden and Julian Simmonds where arrested but later acquitted of breaching immigration laws and reporting illegally on the country's parliamentary elections. They spent more than a week in a filthy overcrowded cell near Harare. They're lucky it wasn't longer. In Zimbabwe, foreign journalists are considered agents of imperialism. For more on their ordeal, Toby joins me now from Washington, D.C., and Julian in here in London.

Julian, let me begin with you, if I may. What happened? How did you fall into this?

JULIAN SIMMONDS, PHOTOGRAPHER: Well, we were in the country and trying to find out what was happening in the country, what the mood was on election day, and we happened to be near a polling station. We were unlucky that a local Zanu-PF activist was touring the area and took exception to us being anywhere near the polling station.

ROBERTSON: Toby, did you feel you were taking a risk when you went into Zimbabwe on these tourist visas?

TOBY HARNDEN, JOURNALIST: Yes, we did. It was a calculated risk. In general, every journalist has to make a judgment about the importance of a story and the importance of getting into a place and telling that story and what the dangers are.

Clearly, both Julian and I have been to places like Iraq, where there is a risk of death. This wasn't that kind of risk. As we found out in the end, it was a risk of two years imprisonment. It didn't quite come to that. We felt that it was a risk, but a risk worth taking.

ROBERTSON: Did you have any dark moments when you were in jail where you thought, well, perhaps I really will be here for two years?

HARNDEN: Yes, we did. Yes. When we first got in there, we both said to each other, well, listen things could be worse. You know, the cockroaches are only an inch long. They could be two inches long. You know, it's not Iraq. We're not going to be beheaded. The maximum is two years.

But no matter how much you tell yourself and tell each other to look on the bright side, you start to think, God, you know, what's my health going to be like if I spend nearly two years in a jail like this. And once -- there were lots of games being played in court. The prosecutor was spinning things out. Witnesses weren't being produced. We were granted bail and then the state told us we couldn't have it. Then we actually got bail, finally, and we were still thrown back into prison.

So at moments like that, we began to think, God, you know, when is this going to end?

ROBERTSON: Why is the risk worth taking? I mean, why is it really important that journalists do this, go into countries where it is very difficult to get in to report freely? Why?

SIMMONDS: Well, like anywhere in the world, if that's where there is a story, journalists should be allowed to work and report on what is happening. The laws in Zimbabwe are very strict laws about assembly and meeting and the act we were charged under, the AIPPA Act, makes it very difficult for journalists to report on elections. And you have to have permission and you have to be specific about what your reporting. That's not always going to lead to a fair and balanced picture. So if you want to get into where the story is, you have to take a risk, you know, whether it is going down to the frontline in another situation or crossing the Zambezi, as we did.

HARNDEN: I think that every journalist has to make their own decision and every news organization has to make their own decision. It's not easy. If you apply for accreditation, you are alerting the Zimbabwean state of your intention to go in there. If you don't get granted accreditation, they know you wanted to go in there. They would put your name on a watch list.

If you subsequently got arrested in the country because you decided to go in another way, on a tourist visa, then there will be on open and shut case against you. But one thing that I do hope doesn't result from our experience is that people don't go in and report about Zimbabwe, because it is very important story. There is a people there that are suffering. There is a country that is close to collapse. And if if journalists were intimidated by what happened to us, then Mugabe would have got what he wanted.

ROBERTSON: Before you went in, did you discuss all of these possibilities and ramifications with your editors? And what did they say to you?

HARNDEN: We have to be slightly careful what we say here because we went in on tourist visas. We were acquitted of the offense of practicing journalism without accreditation, and other journalists have got to go into Zimbabwe, and we were helped by a lot of people in Zimbabwe and defended by very able lawyer. But we always discuss our whereabouts, whether we're on holiday or whether we're going into a country on a story with our editors.

ROBERTSON: Julian, do you feel you have had good support from your news organization since this?

SIMMONDS: We've had tremendous support, and we were lucky that we were able to find a lawyer within hours of our arrest.

ROBERTSON: If you had to go through this again or be faced with making a decision to do such style of work again, would you make that same decision?

SIMMONDS: I would, because you follow the story. You don't expect to go and get into trouble. You take all the precautions you can to ensure that you don't get into trouble, whether it's your health or you're going to get arrested or whatever it might be. But if that's the main story, you want to go and cover it, and that's what drives you as a journalist.

ROBERTSON: Toby, what about you? More cautious now?

HARNDEN: I think if you become risk-averse as a journalist, then that is actually more dangerous and that is probably time to hang up your boots and sit in the newsroom. And I don't think that either Julian or I have reached that stage yet.

ROBERTSON: Toby, on that note, thank you very much indeed. Julian, thank you too for coming into our studios in London.

Two journalists who obviously share the same view as William Randolph Hearst. "News is what someone does not want you to print, and the rest is just advertising."

That's all for this edition of INTERNATIONAL CORRESPONDENTS. Tune in again next time for another look at how the media are handling the big issues. I'm Nic Robertson, thanks for joining us.

LONDON - There is no rule of law operating in Zimbabwe under Mugabe’s “inefficient tyranny” according to Toby Harnden, a journalist for the Sunday Telegraph.

He was speaking to members of the Frontline Club alongside his colleague Julian Simmonds just a week after being deported from Zimbabwe. The two men were imprisoned in Harare Central while standing trial in Norton for allegedly working as journalists without accreditation.

Speaking about their experiences in prison Harnden said: “Our trial was a joke, the prosecution was unbelievably and hilariously incompetent. The magistrate was a brave man, he was straight and able to judge the case on its merits. We were jolly lucky we had access to a brilliant lawyer.”

Harnden, 35, and Simmonds, 45, spoke about the terrible conditions they encountered in jail. They said that out of the 2,500 prisoners in Harare Central a large proportion were suffering from TB, HIV and scabies.

“The blankets are lice-ridden and there are as many as 105 men crammed into a cell meant for 25. Many of the men have no access to a lawyer as they cannot afford one and therefore have little hope of going to trial. One prisoner had been in jail for 5 years and had yet to go to trial,” said Harnden.

“Mugabe’s regime is corrupt and crumbling, the MDC were mistaken in contesting the elections, they were never going to win under the current system, the playing field was nowhere near level. By competing they legitimised the regime.

“The most insidious thing about our arrest and trial is that the government probably succeeded in preventing journalists from going to Zimbabwe in future. It would be a real tragedy if journalists stopped reporting what is really happening in Zimbabwe.”

The two men paid tribute to the many “brave journalists” working in Zimbabwe despite the adverse conditions.

Sunday Telegraph chief foreign correspondent Toby Harnden has told Press Gazette of his surprise at being released along with photographer Julian Simmonds from a Zimbabwean jail this week.

The pair spent ten days behind bars after being arrested in the southern constituency of Manyame outside a polling station. They were charged with "practising journalism without accreditation" but successfully argued that they were in the country as tourists.

Harnden, 39, and Simmonds, 45, faced up to two years in prison but were freed last Friday and deported after the prosecution failed to prove its case. Harnden said he greeted his release with: "A feeling of great relief and I have to say some surprise.

"We were very grateful that although the Zimbabwe justice system is completely rotten...the magistrate judged the case on its legal merits and I think very courageously found us not guilty because the prosecution was incompetent."

He went on to explain: "We never hid the fact that our profession was journalism and the magistrate must have wondered for what possible reason two journalists from the Sunday Telegraph could have been at a polling station in a rural part of Zimbabwe apart from reporting on an election.

"But thankfully he judged the case strictly on its merits rather than taking it as read that we were guilty."

The prosecution were unable to find the necessary notes and pictures to prove that the pair had been practising as journalists. However, their deportation still means they will be unable to enter Zimbabwe again while the Mugabe regime stays in power.

Harnden said: "I really hope what happened to us won't prevent other people reporting on what is happening there because the Zimbabwean people are really suffering and are at the mercy of this liberator turned dictator, and it is important that people reveal to the world what is happening in Zimbabwe."

Harnden revealed in the Sunday Telegraph this week that members of the ruling Zanu-PF party had been outside polling stations on election day beating drums and warning voters that the way they had cast their ballot would be discovered.

Harnden and Simmonds were this week back in London recovering from their ordeal.

The Sun, 20 April 2005

TELEGRAPH foreign correspondent Toby Harnden and photographer Julian Simmonds were planning to celebrate their freedom from tyrant Robert Mugabe's jail at a City pub last night but had to change their plans. All because a certain very senior executive said he didn't want to travel too far from Canary Wharf. Bad sport!

The Guardian, 16 April 2005
Zimbabwe expels British journalists after 14 days in jail
By Andrew Meldrum in Pretoria

Two British journalists were deported from Zimbabwe yesterday after being acquitted of working without accreditation and overstaying their visas.

Toby Harnden, 39, chief foreign correspondent of the Sunday Telegraph, and Julian Simmonds, 45, a Telegraph photographer, were due to fly to South Africa last night after a magistrate gave them "the benefit of the doubt" on the visa charge and handed them over to immigration officials.

The magistrate, Never Diza, had already acquitted them on the more serious charge of working without a state licence, for which they could been jailed for two years.

"We feel pleased that justice has been done in court today. We look forward to getting back to Britain, seeing our families and getting on with our lives," Mr Harnden said. Outside the court the two men were hugged by well-wishers and relatives, including Mr Harnden's parents, who flew in from Britain and were in court for the verdicts.

The two were arrested on March 31 during Zimbabwe's parliamentary elections, when Mr Simmonds was found taking photographs at a polling station.

They spent two weeks in jail in filthy, lice-ridden cells with meagre food rations after the government refused them bail. They appeared in court in handcuffs and wearing frayed khaki shorts and shirts. Their defence lawyer, Beatrice Mtetwa, argued that they were visiting Zimbabwe as tourists and challenged the state to prove that they had worked as journalists.

Prosecutors produced seized notebooks and a camera, but they were unable to decipher Mr Harnden's scribbled shorthand, and Mr Simmonds' camera did not contain any images. The state did not produce any published material by the two.

Robert Mugabe's government has so far failed to con vict any journalists under its harsh anti-press law, the Access to Information and Protection of Privacy Act (Aippa). "The architects of Aippa must go back to the drawing board, because it is not working," Ms Mtetwa said. "The state is not able to get convictions."

Associated Press, 15 April 2005
UK Reporters Acquitted On Zimbabwe Visa Charges, Deported

HARARE, Zimbabwe (AP)-- U.K. journalists Toby Harnden and Julian Simmonds were acquitted Friday of violating Zimbabwe's immigration laws and ordered to be deported from the country.

The two, both employed by the Sunday Telegraph newspaper, were arrested near a polling station north of the capital during the March 31 parliamentary elections.

Until April 13, President Robert Mugabe's government held Harnden, 39, and Simmonds, 45, in jail under a special order that banned them from being released on bail. They were held first in verminous police cells, then at Harare's grim central remand prison.

Magistrate Never Diza acquitted the men Thursday of working without a license, ruling prosecutors had failed to prove they were working as journalists. He acquitted them Friday of overstaying tourist visas, ruling they hadn't been warned that the visas would expire on March 27.

"We feel very pleased that justice was done in the court today," Harnden said in a telephone interview immediately after the verdict. "We are looking forward to leaving Zimbabwe, getting back to Britain, seeing our families and getting on with our lives.

"I think we are going to be deported - we have been declared 'prohibited persons' and we are going to get on the first possible flight out of the country," he said. "We are going straight to the airport."

Diza said it was unclear whether Harnden and Simmonds were told they were allowed to stay in Zimbabwe for a week or a fortnight when they entered the country from Zambia. The visa expiry date wasn't marked in their passports. "The accused will get the benefit of the doubt," he said.

The Media Commission accredited more than 200 foreign-based journalists to cover the controversial elections but said that it refused 50 more because they or their news organizations were said to be hostile to Mugabe's government.

A Swedish journalist who took time out from covering the election to probe the effects of Mugabe's seizure of 5,000 white owned farms had his accreditation summarily revoked and was deported.

The U.S. Embassy joined human rights groups in expressing fears of gross rigging and intimidation in the ruling Zanu-PF party claim to have won 78 of the 120 contested seats. However, South African government observers and friendly regional governments said the result "reflected the popular will."

Harnden and Simmonds were held longer than any other journalists detained here since independence in 1980 when Mugabe, now 81, gained power. In 1999 two local journalists were detained and tortured after reporting unrest in the army over Zimbabwe's intervention in the Congo war.

The 2002 Access to Information and Protection of Privacy Act has been used to ban privately owned newspapers and detain more than 40 independent journalists. None have been convicted of any of a wide range of offenses under the Act.

Magistrate Never Diza acquitted the men Thursday of working without a license, ruling prosecutors had failed to prove they were working as journalists. He acquitted them Friday of overstaying tourist visas, ruling they hadn't been warned that the visas would expire on March 27.

14 April 2005 Reuters
Zimbabwe court acquits UK newsmen of main charge
By Stella Mapenzauswa

NORTON, Zimbabwe, April 14 (Reuters) - A Zimbabwe court on Thursday acquitted two British journalists of reporting on the country's March 31 parliamentary polls without permission but the men awaited a verdict on charges of overstaying their visas.

Magistrate Never Diza said state prosecutors had failed to prove that Toby Harnden, chief foreign correspondent of the Sunday Telegraph, and photographer colleague Julian Simmonds were working in the country illegally.

"All in all, the state failed to provide sufficient evidence to show the accused persons have a case to answer," Diza said. "I find both of them not guilty and acquitted."

The pair, who were arrested in Norton near Harare as Zimbabwe held the polls, were released on bail on Thursday after spending two weeks in jail.

They took the witness stand on Thursday after Diza ruled that they had a case to answer on lesser charges that they overstayed their visas in the country.

If found guilty on these charges, they could expect a fine of up to Z$2.5 million ($403).

Harnden and Simmonds had originally been charged with violating Zimbabwe's strict media laws, which require any foreign reporter working in the country to obtain permission from a government commission.

While Zimbabwe did accredit a number of foreign reporters to cover the March 31 vote, applications by many others were denied under the law, which critics say is a tool to silence critics of President Robert Mugabe's government.

Mugabe's ruling ZANU-PF party went on to win the election amid charges of vote-rigging from the opposition Movement for Democratic Change.

MEN SAY THEY WERE ON TOURIST TRIP

A state prosecutor at court did not immediately indicate whether the government would appeal Diza's ruling.

Harnden and Simmonds had argued that they were visiting Zimbabwe as tourists, and while state investigators did seize notebooks and a camera, they were unable to decipher the written shorthand and the camera contained no images.

The pair have also denied purposefully overstaying their visas, saying they believed they had been given the normal 14-day period instead of the shortened seven days.

"If I believed the visa was about to expire, or had expired, I would have made representations to have the visa extended," Simmonds told the court.

Defence lawyer Beatrice Mtetwa said the immigration officer who dealt with the two had failed to indicate clearly when their visas would expire, and pointed out that state lawyers had failed to call him to testify.

Prosecutor Albert Masamha argued that the men's travel documents had endorsements with the figure 7 denoting the number of days they were permitted to stay, and that the onus had been on them to seek clarification with immigration officials.

Diza said he would make a ruling on the immigration charge on Friday.

The men were earlier on Thursday released from remand prison, a day after Diza ordered bail reinstated after prosecutors had blocked the move.

The two Sunday Telegraph journalists arrested in Zimbabwe remained in jail today after officials denied a judge's order to release them on bail.

Two weeks after they were arrested on suspicion of illegally covering the country's parliamentary election, a court ruled yesterday that Toby Harnden, the paper's chief foreign correspondent, and photographer Julian Simmonds should be released on bail.

But immigration officer Evans Siziba forbade warders at Harare's central remand prison to free them into the custody of British diplomat David Ashford, who was waiting outside the gates.

"The court order had been overruled by the Department of Immigration, and it is illegal," said the journalists' lawyer, Beatrice Mtetwa.

The pair have pleaded not guilty to charges of violating Zimbabwe's draconian Access to Information and Protection of Privacy Act by working as journalists without government accreditation during the March 31 election.

Previous efforts to get Harnden and Simmonds released on bail were barred by a special government order, which expired yesterday.

They have been held longer than any other journalists in Zimbabwe since the country gained independence in 1980.

Judge Never Diza is due to give a ruling on the case later today on the charges of violating media and immigration laws, which carry a maximum penalty of two years' imprisonment.

The laws, passed in 2002, have been used to control the media by shutting down the country's only independent daily newspaper, the Daily News, jail independent Zimbabwean journalists and expel or bar foreign journalists.

Ms Mtetwa has accused the authorities of calculated vindictiveness in the case of Harnden and Simmonds.

She asked that the charges against the Sunday Telegraph journalists be dismissed, saying the prosecution had failed to prove they had been working as journalists or had overstayed visas given to them when they entered the country on March 20.

The prosecution argued the visas were for tourism purposes and were valid for only a week.

Mr Siziba, was a key figure in the abduction and expulsion from Zimbabwe in 2003 of the Guardian correspondent, Andrew Meldrum, who was forced onto on a flight to Johannesburg in defiance of court orders after he was acquitted of charges of filing a false report.

President Robert Mugabe's governing party won the March 31 elections, though the opposition and international governments criticised the vote as flawed, noting unfair reporting laws and widespread irregularities.

Reuters News 11 April 2005
Zimbabwe police believes UK journalist covered poll
By MacDonald Dzirutwe

NORTON, Zimbabwe, April 11 (Reuters) - A Zimbabwean policeman said he believed a British journalist and photographer were illegally covering elections in Zimbabwe after finding a notebook and camera among their possessions.

But the investigating officer, Inspector Denford Dhliwayo, said he could not decipher most of the journalist's shorthand and that the photographer's camera contained no images.

The Sunday Telegraph's chief foreign correspondent Toby Harnden and photographer Julian Simmonds, who could face two years in jail and a fine if convicted, have been in custody since being picked up by police in Norton near Zimbabwe's capital, Harare, on March 31, the day of the parliamentary elections.

The pair, who are also charged with outstaying their visas, deny they were gathering information without the temporary permit required under tough media laws critics say are aimed at muzzling dissent against President Robert Mugabe.

"I could not get a transcriber to transcribe what appeared to have been shorthand, but there are portions that I read and came to the conclusion that the two were covering the elections," said Dhliwayo, head of the criminal investigations department in Norton.

"On the camera, we could not have anyone check it so we sent it to Harare where our specialist is, and he told us that there were no images in it. It was blank," he said.

Dhliwayo and the arresting officer were the only witnesses to testify on Monday before the prosecution asked for an adjournment to Wednesday after an immigration officer failed to show up.

State lawyers said Patrick Zhuwao, a nephew of Mugabe who won the local seat in the parliamentary polls, would no longer take the stand as earlier indicated.

DEFENCE SAYS PROSECUTORS STALLING

Magistrate Never Diza, who granted the journalists bail last week before prosecutors blocked the move, said on Monday the defence had a right to make a fresh bid if the state witnesses again did not show up on Wednesday.

On Friday defence lawyer Beatrice Mtetwa accused state prosecutors of deliberately stalling proceedings in the case - which state prosecutor Albert Masamha denied, saying the state had, on the contrary, fast-tracked the case to court.

Mugabe's ruling ZANU-PF won the polls amid charges of fraud from the main opposition Movement for Democratic Change, which also disputes the ruling party's victory in 2000 and 2002 polls.

The journalists say they were on a tourist trip to Zimbabwe which took them to the northern resort town of Victoria Falls, Matobo National Park and the southern city of Bulawayo.

Zimbabwe has arrested, deported or denied entry to dozens of journalists under media laws forbidding foreigners from working permanently as journalists in Zimbabwe. Visiting journalists require a temporary licence from a state commission to work.

Mugabe's government says the rules were necessary to restore professionalism in the private media, which it accuses of driving a Western propaganda campaign against Harare over its seizure of white-owned farms for blacks.

Charles's 'blunder' could free reporters held in Zimbabwe

A CONTROVERSIAL handshake by Prince Charles may have secured the release of two Britons imprisoned in brutal Zimbabwe.

The Prince clasped the hand of bloody Zimbabwean dictator Robert Mugabe when he was taken by surprise at the funeral of the Pope.

Royal aides were quick to express Charles' regret and anger at the inadvertent meeting.

But it is understood to have so delighted Mugabe he is on the verge of releasing journalists Toby Harnden and Julian Simmonds.

The two men - who work for the Sunday Telegraph - were seized last month for over-staying their visas and working without accreditation.

They were arrested near Harare whilst covering national elections.

Zimbabwe is gripped by Mugabe's terror, which has seen the farms of whites confiscated at gunpoint.

Harnden, 35, and Simmonds, 45, were held on March 31 in the town of Norton - ironically where the first farm invasions took place.

They are sharing a holding cell with 107 others and are fed only once a day with vegetable gruel.

Although neither has been physically harmed, they say they are able to hear the screams of other prisoners being beaten.

The only visitors they are allowed are their legal team. An application for bail last week was refused by a court in Harare.

The journalists have been detained under Zimbabwe's new Access to Information and Protection of Privacy Act.

The African nation is trying to block the attention of western media attempting to report on its troubles.

Defence attorney Beatrice Mtetwa described the charges against Harnden and Simmonds as a "travesty of justice".

And magistrate Never Diza appeared to sympathise, saying: "My hands are tied by the Act. The accused must remain in custody."

The case against the journalists continues this week, when their notebooks and cameras will be introduced as state exhibits.

If convicted, Harnden and Simmonds face a mandatory sentence of two years with hard labour.

Meanwhile Mugabe has seized upon the publicity generated by his meeting with the Prince - by inviting him to the former colony.

Harare 's Herald newspaper, regarded as the government mouthpiece, said yesterday: "Comrade Mugabe told him (Charles) he was welcome to return to Zimbabwe."

The paper claimed the two men talked about the Prince's visit in 1980, when he represented the Queen at Zimbabwe's independence celebrations.

Mugabe is so reviled by the EU he is banned from entering any member country. He was only allowed into the Vatican because the tiny Roman enclave is not among them.

The EU imposed travel sanctions on Zimbabwean government officials after accusations of vote rigging in the country's parliamentary polls in 2000.

Foreign Secretary Jack Straw was called to task last year for inadvertently shaking Mugabe's hand at the United Nations.

Like the Prince, he said he was duped into making the contact.

The Guardian, 9 April 2005
Reporters braced for Zimbabwe jail terms
Andrew Meldrum in Pretoria

Two British journalists arrested for working without accreditation in Zimbabwe are bracing for jail terms of up to two years if found guilty at a trial expected to conclude next week.

Toby Harnden and Julian Simmonds, who were detained during last week's disputed parliamentary elections, appeared in court yesterday handcuffed together, dressed in prison garb .

The defence argues that the Sunday Telegraph journalists, who entered the country on tourist visas, were travelling through the country as tourists.

Some experts say the two may be fined and deported immediately from Zimbabwe, but others warn that the authorities might seek to make an example of them. "The Mugabe government wants to make an example of them, to warn other foreign correspondents to stay out, and to frighten any Zimbabwe journalists who might be working without accreditation," said a legal expert in Harare.

The journalists were arrested on March 31 at a polling station in Norton, 25 miles west of Harare.

In court yesterday state wit nesses said one of the accused was taking photographs at a polling station during the elections. But under questioning from defence lawyer Beatrice Mtetwa, the witnesses could not agree where Mr Simmonds was taking photos.

An earlier state witness, Max Makowe, an election observer, testified that when he asked Mr Simmonds for his accreditation the photographer admitted the pair were jour nalists and apologised for working without permits.

In court Mrs Mtetwa described their trip to Victoria Falls, Matobo national park and the southern city of Bulawayo as well as a Zimbabwe-Angola football match. They "kept a travel diary and took pictures as is normal with tourists".

She said they were in Norton for a lunch break when they stopped at the polling station.

Yesterday the state showed Mr Harnden's notebooks as evidence that he was preparing material for a story on Zimbabwe's elections.

The state is taking a tough line against the two journalists, refusing them bail and holding them in Harare remand prison, which has a reputation for terrible conditions.

The two journalists told reporters outside the court that they were in decent shape.

The Guardian, 6 April 2005
British journalists appear in court in Zimbabwe
By Dominic Timms

Two Sunday Telegraph journalists detained in Zimbabwe since the beginning of the month have pleaded not guilty to charges of breaking immigration and press laws

Chief foreign correspondent Toby Harnden and photographer Julian Simmonds appeared in court yesterday to deny charges of reporting without accreditation and overstaying their visas, charges that carry a punishment of at least two years in jail.

The two journalists, who were arrested last Friday, sat handcuffed throughout the hearing where the charges were read out.

State prosecutor Albert Masama said the men had come to Zimbabwe to report on the weekend's elections - described by Britain and the EU as seriously flawed - which saw President Robert Mugabe's ZANU-PF sail into power again.

"The accused persons had no right to cover the elections because they had no accreditation and had no right to stay in the country beyond March 28," Mr Masama said.

"They didn't leave the country on the expiry of their visas. They flew to Harare, where they met unknown members of the MDC [the opposition party]."

Speaking on behalf of the two journalists, Beatrice Mtetwa said both men believed they had been granted a two-week visa on entering the country and that no expiry date had been recorded in their passports.

Ms Mtetwa said the two men would deny they had come to Zimbabwe to report on the election , saying their holiday had involved visits to Victoria Falls, Matobo national park and the southern city of Bulawayo.

They "kept a travel diary and took pictures as is normal with tourists", she said.

After magistrate Never Diva set a trial date and granted each bail of 1m Zimbabwe dollars (£86), prosecutors objected and used a section of Zimbabwe criminal law to set aside the order on Monday.

Government officials say more than 200 journalists were accredited to cover the elections, but dozens of others have had their applications rejected.

In November last year an England cricket tour of Zimbabwe was almost called off after the government refused entry to a number of journalists travelling with the team.

The BBC is banned from the country and earlier this year three prominent Zimbabwean journalists who wrote for the international press left after several days of police questioning and threats of prosecution.

Angus Shaw, correspondent for Associated Press, Jan R”th of the Times, and Brian Latham, who wrote news reports for the Bloomberg agency, were interrogated, had their offices searched and were told they would be charged with various offences that carry jail terms.

TWO journalists from The Sunday Telegraph who are being detained in Zimbabwe pleaded not guilty yesterday to violating immigration regulations and breaking draconian press laws.

Toby Harnden, the chief foreign correspondent, and Julian Simmonds, a photographer, appeared in court in Norton 25 miles west of the capital Harare, where they were arrested last Thursday. They are accused of reporting on the weekend election without official accreditation and overstaying their visas.

They were handcuffed together as they entered the court and sat impassively as charges were read out. Occasionally they passed notes to their lawyers. Albert Masama, the state prosecutor, said the men were clearly in Zimbabwe to provide news coverage of the elections, which pitted President Robert Mugabe's ZANU-PF against the Movement for Democratic Change (MDC).

“The accused persons had no right to cover the elections because they had no accreditation and had no right to stay in the country beyond March 28,'' said Mr Masama. “They didn't leave the country on the expiry of their visas. They flew to Harare, where they met unknown members of the MDC.''

Beatrice Mtetwa, defending, said the men's passports showed that no expiry date had been recorded on their tourist visas and both believed they had been granted the 14 days they had applied for on entering Zimbabwe. ``Unless you work at immigration it's gobbledegook,'' Mrs Mtetwa said.

“There's nothing that appears like they were given seven days.'' She did not immediately address the more serious charge of violating media laws, which could bring a maximum sentence of two years in prison and a fine. But she said the men would deny that they were in Zimbabwe working as journalists.

She described their trip as a tourist outing that took them to Victoria Falls, Matobo national park and the southern city of Bulawayo as well as a Zimbabwe-Angola football match. They ``kept a travel diary and took pictures as is normal with tourists'', she said. Prosecutors on Monday blocked a magistrate's order to grant bail to the men, arguing that they could abscond.

Foreign journalists are effectively banned from working permanently in Zimbabwe and must seek temporary licences from a state commission for brief assignments. Zimbabwe has arrested or deported dozens of journalists and denied others entry under its media rules, which Mr Mugabe's government introduced three years ago.

If convicted, Toby Harnden and Julian Simmonds, of the Sunday Telegraph, could spend up to two years in one of Africa's worst prisons.

The pair were arrested near a polling station outside the capital Harare during the country's general election last week, which saw 81-year-old Robert Mugabe re-elected amid widespread allegations of electoral fraud.

They were charged with overstaying their seven-day visas and reporting on the poll without proper accreditation. Handcuffed and dressed in prison clothes, the two men remained silent during the hearing.

Their solicitor Beatrice Mtetwa, a human rights lawyer known for her work with journalists persecuted by Mugabe's regime, said her clients had been in Zimbabwe on holiday and not to report on the election.

They 'kept a travel diary and took pictures as is normal with tourists,' she told the court near Harare. However, state prosecutor Albert Masama claimed there was strong evidence that the men had entered Zimbabwe to cover the elections.

After flying to Harare, they met members of the opposition Movement for Democratic Change, he alleged. 'The accused had no accreditation and no right to stay beyond March 28,' said Mr Masama.

Replying to the immigration charge, Mrs Mtetwa said neither man's passport clearly indicated the duration of their visa. Both believed they had been granted the full 14 days they had applied for.

She added: 'Unless you work at immigration it's gobbledy-gook. There's nothing there that appears like they were given seven days.' Earlier in the week, authorities blocked a magistrate's order granting bail to the two men, arguing that they posed a serious risk of absconding.

At a previous court appearance Harnden, the paper's chief foreign affairs correspondent, told reporters that he and Simmonds, a staff photographer, were coping well with their incarceration in an overcrowded remand prison. 'It's been uncomfortable but we have not been treated badly,' he said

But there are reports that even water is scarce in prisons in Harare. The men's trial could conclude today. Under Zimbabwe's media laws, foreign journalists are banned from working in the country permanently and must seek temporary licences.

Zimbabwe has arrested or deported dozens of newsmen and denied others entry under prohibitive media laws introduced three years ago. Officials said more than 200 journalists were accredited to cover the March 31 election. But scores entered Zimbabwe illegally before the poll, filing interviews with opposition politicians and reporting on the country's increasing food shortages - much to the anger of the Mugabe regime.

NORTON, Zimbabwe, April 5 (Reuters) - Two British journalists jailed in Zimbabwe on charges of reporting without permission pleaded not guilty on Tuesday and their lawyer said they would deny entering the country to cover its elections.

The Sunday Telegraph's chief foreign correspondent Toby Harnden and photographer Julian Simmonds appeared in court and entered not guilty pleas on charges they broke both Zimbabwe's tough media laws and immigration regulations.

The pair were arrested on election day last Thursday in Norton near the capital Harare and accused of reporting on the poll without official accreditation and overstaying their visas.

They entered the court on Tuesday handcuffed together, dressed in prison garb of khaki shorts and shirts frayed at the collar. They sat impassively as charges were read out, and occasionally passed notes to their lawyers.

State prosecutor Albert Masama said the men were clearly in Zimbabwe to provide news coverage of the elections, which pit President Robert Mugabe's ruling ZANU-PF against the opposition Movement for Democratic Change (MDC).

"The accused persons had no right to cover the elections because they had no accreditation and had no right to stay in the country beyond March 28. They didn't leave the country on the expiry of their visas," Masama said.

"They flew to Harare where they met contacts with some unknown members of the MDC," he said.

Defence lawyer Beatrice Mtetwa, addressing the immigration charge, said neither man's passport clearly indicated the duration of their visa and both believed they had been granted the full 14 days they had applied for rather than the 7 days cited by Masama.

"Unless you work at immigration it's gobbledy-gook. There's nothing there that appears like they were given 7 days," Mtetwa told the court.

PAIR COULD FACE JAIL

Mtetwa did not immediately address the more serious charge of violating media laws, which could bring a maximum sentence of two years in prison and a fine.

But she said both men would deny that they were in Zimbabwe working as journalists.

She described their trip as a tourist outing which took them to Victoria Falls, Matobo national park and the southern city of Bulawayo as well as a Zimbabwe-Angola football match.

They "kept a travel diary and took pictures as is normal with tourists," she said.

Zimbabwe prosecutors on Monday blocked a magistrate's order to grant bail to the two men, arguing they were still a flight risk.

Under Zimbabwe's media laws foreign journalists are banned from working in the country permanently and must seek temporary licences with a state commission for brief assignments.

Zimbabwe has arrested or deported dozens of journalists and denied others entry under its media rules, which Mugabe's government introduced three years ago.

Government officials say more than 200 journalists were accredited to cover the March 31 elections but many others had their applications rejected. Mugabe's ruling ZANU-PF went on to trounce the MDC at the polls, although the opposition has since repeated charges that the election was rigged.

The Times, 5 April 2005
Journalists go back to jail despite bail order
Xan Rice in Norton, Zimbabwe

TWO British journalists arrested in Zimbabwe during the parliamentary elections were ordered yesterday to spend a fifth night in jail.

Toby Harnden, Chief Foreign Correspondent, and Julian Simmonds, a photographer, both of The Sunday Telegraph, were detained near a polling station in Norton, 40km (25 miles) from Harare, on Thursday. They were charged with overstaying their visas and working as journalists without obtaining accreditation. Under Zimbabwe's media laws, they face up to two years in prison.

At a hearing at Norton Magistrates' Court yesterday, the journalists were initially granted bail by Never Diva, the magistrate. However, the state prosecutor invoked a law that set aside the order for seven days until an appeal is heard and they were sent in a lorry to jail in Harare, the capital. The men looked stunned as they were driven away.

Since their arrest, Mr Harnden, 39, and Mr Simmonds, 45, have been kept in a cell measuring 18ft by 14ft at the police station in Norton. According to Beatrice Mtetwa, their lawyer, they have not been able to wash properly and they sleep on concrete with a few bugridden blankets for warmth.

Their shoes, socks and belts were taken away on arrest. Meals have been provided by Mrs Mtetwa and a local priest. The cell is dark between 6pm and 6am and the men have been denied reading material. At times they have been joined by other prisoners in the cell.

Mr Harnden said yesterday: "It's been uncomfortable, but we have not been treated badly."

HARARE, April 2 (Reuters) - Zimbabwe police detained two British journalists into a third day on Saturday, exceeding the statutory 48-hours suspects may usually be held without appearing in court, their lawyer said.

Toby Harnden, chief foreign correspondent for the London Sunday Telegraph, and his photographer colleague Julian Simmonds were arrested during Thursday's election on charges of working without state accreditation as required under strict media laws.

If convicted they could face a fine and up to two years' imprisonment under the Access to Information and Protection of Privacy Act, which critics say aims to silence criticism of President Robert Mugabe.

"We were supposed to go to court in Norton today but that never happened and we don't know why. The police officer dealing with the matter just disappeared," the pair's lawyer, Beatrice Mtetwa, told Reuters. The journalists were arrested at a polling station in Norton, near Zimbabwe's capital Harare.

"I've filed an urgent High Court application for their release because the 48 hours within which they should have been brought to court have expired," Mtetwa said.

Police spokesman Wayne Bvudzijena said the men would not be brought to court until Monday.

He said police were entitled by law to file for a warrant to extend their detention beyond the statutory 48 hours, but could not confirm whether such an application had already been made.

Police said on Thursday the pair had entered the country as tourists over the border from Zambia. The Sunday Telegraph declined to comment on the accusation.

Government officials say more than 200 journalists were accredited to cover the March 31 elections but dozens of others had their applications rejected.

Media laws forbid foreigners from working permanently in Zimbabwe as journalists and compels them to seek temporary licencing with a state commission for brief assignments.

Zimbabwe has arrested or deported dozens of journalists and denied others entry under the laws, adopted by Mugabe's government three years ago in the face of rising international criticism during a political and economic crisis.

South African Broadcasting Corporation, 2 April 2005
Zimbabwe holds UK reporters past 48-hour limit

Zimbabwe police detained two British journalists into a third day
today, exceeding the statutory 48-hours suspects may usually be held without appearing in court, their lawyer said.

Toby Harnden, chief foreign correspondent for the London Sunday
Telegraph, and his photographer colleague Julian Simmonds were arrested during Thursday's election on charges of working without state accreditation as required under strict media laws. In a statement released through contacts in Britain, the pair said they were being held in a bare cell without food or water.

If convicted they could face a fine and up to two years' imprisonment
under the Access to Information and Protection of Privacy Act, which critics say aims to silence criticism of President Robert Mugabe. "We were supposed to go to court in Norton today but that never happened and we don't know why. The police officer dealing with the matter just disappeared," Beatrice Mtetwa, the pair's lawyer, said.

The journalists were arrested at a polling station in Norton, near Zimbabwe's capital Harare. "I've filed an urgent High Court application for their release because the 48 hours within which they should have been brought to court have expired," Mtetwa said. Wayne Bvudzijena, a police spokesperson, said the men
would not be brought to court until Monday. He said police were entitled by law to file for a warrant to extend their detention beyond the statutory 48 hours, but could not confirm whether such an application had already been made.

In their statement, the two journalists complained about their conditions in detention. "We are being held in a cell containing only blankets and a latrine. We have been given no food or water and have been denied access to reading material and are not being allowed to exercise," they said.

Police said on Thursday the pair had entered the country as tourists
over the border from Zambia. The Sunday Telegraph declined to comment on the accusation. Government officials say more than 200 journalists were accredited to cover the March 31 elections but dozens of others had their applications rejected.

HARARE, March 31 (Reuters) - Zimbabwe arrested two British journalists on Thursday on charges of covering the country's elections without state accreditation, an offence that carries a fine and up to two years in jail, police said.

A spokesman for the Sunday Telegraph in London said its chief foreign correspondent Toby Harnden and photographer Julian Simmonds had been arrested at a polling station near Harare.

"The Sunday Telegraph has had no communication with either of the journalists for several hours, nor from the Zimbabwean authorities. The paper is obviously concerned for their welfare and is endeavouring to secure their release," he said.

The spokesman declined to comment on the Zimbabwean charges that the two were working without appropriate accreditation.

Earlier, Zimbabwe's Assistant Police Commissioner Wayne Bvudzijena, giving a slightly different spelling of Harnden's name, said the pair had been arrested on Thursday travelling with an opposition candidate in the parliamentary elections.

President Robert Mugabe's government has tough media laws barring foreign journalists from working in Zimbabwe on long contracts. All journalists and media organisations must be accredited by a state-appointed commission.

"They came into the country as tourists, through Zambia, and they are being charged under AIPPA (Access to Information and Protection of Privacy Act) for practising as journalists without accreditation," said Bvudzijena.

Zimbabwe has arrested or deported dozens of journalists and denied others entry under the media laws, adopted by Mugabe's government three years ago in the face of a political and economic crisis and international criticism.

Government officials say more than 200 journalists have been accredited to cover the elections, but dozens of others have had their applications rejected.