#ThisFlag campaigner and Zimbabwe pastor Evan Mawarire was freed by the Harare Magistrate Court after his lawyers successfully argued false arrest and that a new charge of subversion had been added at the last minute, and the accused had therefore been denied a fair trial.

The pastor had earlier been asked to apply for bail at the High Court after he appeared before the Harare Magistrates Court late on Wednesday.

His lawyer, Harrison Nkomo, said the police had misled the courts to get a search warrant for his house after he handed himself into custody on Tuesday.

Mawarire had used social media platform, Facebook to post a video calling for protests that did not materialise on Wednesday.

Large crowds gathered at the Harare Magistrate Court in support of the arrested church leader.

The new charge sheet read, "On divers (sic) occasions whether inside, Evan Mawarire, a male adult Zimbabweans or outside Zimbabwe organised or set up, or advocated, urged or suggested the organisation or setting up of, group or body called THIS FLAG."

It further stated that this action was "with a view" to "overthrow or attempting to overthrow the government by unconstitutional means" or "taking over or attempting to take over the government by unconstitutional means or usurping the functions of the government".

Between January and July 2016, the Flag Pastor "made and circulated videos in which he was speaking on behalf of a group or body This Flag urging citizens to resist" a statutory instrument on import restrictions, it continued.

Mawarire was also charged for circulating videos urging resistance to the introduction of bond notes, "resisting the Traffic Police presence in public roads" and by "boycotting opening of businesses" under the shut-down Zimbabwe protests organised last week.

In reading its judgement the Court said the state had violated the Zimbabwe constitution in that the accused was not informed of the charge he was facing.

Following the ruling Zanu PF minister and parliamentarian, Jonathan Moyo said, "Zimbabwe is a constitutional democracy under the rule of law where matters are taken to court and the court decides."

Social media platforms were inundated with messages and conflicting reports, including inaccurate Tweets that Mawarire had been denied bail.