Judge Charles Hungwe on 14 March withdrew charges against all seven suspects linked to arms caches in Mutare except Michael Peter Hitschmann because the arrests were unlawful.
Hungwe also said that the police had conducted the investigation unprofessionally by beating some of the suspects.
The suspects included Movement for Democratic legislator Giles Mutsekwa, two MDC activists, three police officers and an army captain.
Full cable:
Viewing cable 06HARARE319, JUDGE FREES SEVEN ARMS CACHE DEFENDANTS
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Reference ID |
Created |
Released |
Classification |
Origin |
VZCZCXRO9618
RR RUEHMR
DE RUEHSB #0319 0741648
ZNY CCCCC ZZH
R 151648Z MAR 06
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 9749
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHUJA/AMEMBASSY ABUJA 1155
RUEHAR/AMEMBASSY ACCRA 0987
RUEHDS/AMEMBASSY ADDIS ABABA 1159
RUEHRL/AMEMBASSY BERLIN 0015
RUEHBY/AMEMBASSY CANBERRA 0419
RUEHDK/AMEMBASSY DAKAR 0779
RUEHKM/AMEMBASSY KAMPALA 1213
RUEHNR/AMEMBASSY NAIROBI 3557
RUEHFR/AMEMBASSY PARIS 0985
RUEHRO/AMEMBASSY ROME 1613
RUEKJCS/JOINT STAFF WASHDC
RUFGNOA/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEKDIA/DIA WASHDC
RHEHNSC/NSC WASHDC
RUEHBS/USEU BRUSSELS
RUCNDT/USMISSION USUN NEW YORK 1370
C O N F I D E N T I A L HARARE 000319
SIPDIS
SIPDIS
AF/S FOR B. NEULING
SENIOR AFRICA DIRECTOR C. COURVILLE
E.O. 12958: DECL: 03/15/2015
SUBJECT: JUDGE FREES SEVEN ARMS CACHE DEFENDANTS
REF: HARARE 317 AND PREVIOUS
Classified By: Charge d’Affaires, a.i. Eric T Schultz under Section 1.4
b/d
¶1. (C) Ruling that police had acted improperly, High Court
Judge Charles Hungwe on March 14 withdrew charges against all
suspects linked to the arms cache discovered in Mutare last
week, except for Michael Peter Hitschmann (reftel). The
seven were released the morning of March 15. Zimbabwe
Lawyers for Human Rights (ZLHR) lawyer Tafadzwa Mugabe ) who
along with Trust Maanda had been representing several of the
accused – gave post a copy of the ruling (emailed to AF/S)
that released MDC MP Mutsekwa and MDC activists Nyamhoka and
Sibanda. ZLHR director Arnold Tsunga on March 15 confirmed
that the other four suspects ) three police officers and an
army captain ) were also freed. In making the strongly
worded ruling, Hungwe declared that the arrests were unlawful
and that the police had conducted the investigation
unprofessionally by beating some of the suspects.
¶2. (C) Tsunga said that lawyers representing the accused had
earlier begun to suspect that Hitschmann ) who was being
treated as a state witness, according to Hungwe’s ruling –
was actually working for the police and had falsely
implicated the other suspects. They therefore agreed not to
represent the former volunteer policeman, nor did they apply
for his release.
¶3. (C) Meanwhile, Tsunga confirmed that MDC former MP Roy
Bennett fled Zimbabwe earlier this week to London (not to
South Africa, as headlined in the state-controlled Herald
newspaper March 15) after he had been subjected to intense
media speculation and a police search. Tsunga reported that
Bennett was planning to return to Zimbabwe now that Justice
Hungwe had released the others. Tsunga was unaware of the
timing of Bennett’s return.
¶4. (SBU) Apparently unrelated to the weapons seizure, police
on March 14 arrested Anti-Senate MDC MP Timothy Mubhawu, who
represents the Harare high-density suburb of Tafara-Mabvuku,
for allegedly violating a section of the Public Order and
Security Act (POSA) against insulting the president.
According to the Herald, Mubhawu gave a ride to several
soldiers in Harare earlier this month. As the soldiers
disembarked from the MP’s vehicle, Mubhawu reportedly asked
them “why do you let Mugabe let you suffer?”
——-
Comment
——-
¶5. (C) The GOZ’s apparent plans to disrupt the MDC Congress
this weekend have hit a surprise &oil spill.8 They had
successfully locked up one Morgan Tsvangirai-aligned MP,
charged another under a law that carries a life sentence, and
driven a third out of the country. Justice Hungwe’s ruling,
however, effectively scuttles these efforts and serves as a
refreshing reminder that there remain some independent
justices despite years of ZANU-PF hounding. Moreover,
Hungwe’s exposure of the GOZ’s ham-handed attempt to frame
opposition activists on assassination charges yields a
sizable victory to the Anti-Senate MDC at a crucial time as
it attempts to re-energize its constituents and refurbish its
credibility with the public.
SCHULTZ
(27 VIEWS)
