This came to light after their lawyer Sibusiso Ncube made an application for the alteration of bail conditions.
Ncube said the accused persons can no longer reside at Jopembe farm as the Mohadis had sealed off the farm.
The application came after the release of the eight on Wednesday after the state’s withdrawal of its appeal against Gwanda magistrate Sheila Nazombe who had last week granted free bail to the accused persons.
The state counsel Mazwi Goto on Wednesday made a u-turn and the accused were released before the lapse of seven days as stipulated in Section 121 of the Criminal Procedure and Evidence Act.
The magistrate had remanded Given Mbedzi, his mother Philani Ndou, Soforia Ndou, Jameson Mbedzi, Alifa Mbedzi, and Philemon Marubini Ndou, Ignatius Ncube and Knowledge Muleya out of custody on their own cognizance.
High Court Judge Nicholas Mathonsi lashed out at biased prosecutors who deliberately invoke Section 121 to punish suspects.
“Persons who have been properly granted bail should not be kept in custody merely as a way of punishment,” the judge said in a ruling where the Attorney General’s Office opposed bail to Media Monitoring Project of Zimbabwe (MMPZ) employees.
Philani is alleged to have cut a piece of fence from a farm belonging to Minister Mohadi, which resulted in several herd of cattle straying, and these are still unaccounted for.
Philani and her alleged accomplices also face malicious damage to property charges after they damaged a door belonging to Minister Mohadi’s son, Campbell Junior.
The suspects have a long standing dispute with Mohadi over some plots adjacent to his farm and were arrested at the farm on New Year’s Eve.
They deny the charges and say they (charges) are an attempt to force them out of their plots.
Two offer letters were issued to both parties for the same plot; Given Mbedzi has an offer letter issued in 2003 while Mohadi’s son Campbell Junior was issued with a similar letter in 2009 after Mbedzi reportedly abandoned it.
The case was moved to 6 March to allow the state to put their house in order after it emerged it is yet to record statements from the accused persons.