Lawyers for Movement for Democratic Change leader Morgan Tsvangirai, secretary general Welshman Ncube and legislator Renson Gasela, who were facing treason charges for allegedly plotting to assassinate President Robert Mugabe, were confident that their clients would be acquitted.
George Bizos and Innocent Chagonda both said Judge Paddington Garwe would find it difficult to convict the trio because the State evidence presented so far had been very weak.
Full cable:
Viewing cable 03HARARE946, STATE WITNESSES HELP DEFENSE AS TSVANGIRAI TREASON
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C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000946
SIPDIS
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER
LONDON FOR C. GURNEY
PARIS FOR C. NEARY
NAIROBI FOR T. PFLAUMER
E.O. 12958: DECL: 12/31/2013
SUBJECT: STATE WITNESSES HELP DEFENSE AS TSVANGIRAI TREASON
TRIAL RESUMES
REF: A. HARARE 568
¶B. HARARE 484
¶C. HARARE 360
¶D. HARARE 313
¶E. HARARE 250
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d
Summary:
——–
¶1. (C) The treason trial of MDC President Morgan Tsvangirai,
MDC Secretary General Welshman Ncube, and MDC Shadow Minister
of Agriculture Renson Gasela resumed on May 12 for its ninth
week after a month-long recess. The Defense intends to move
for acquittal by the end of May, and the judge will likely
weigh carefully his own career longevity in his decision.
End Summary.
¶2. (C) The treason trial of MDC President Morgan Tsvangirai,
MDC Secretary General Welshman Ncube, and MDC Shadow Minister
of Agriculture Renson Gasela resumed on May 12 for its ninth
week after a month-long recess. According to lead defense
attorney George Bizos, based on the State’s weak evidence
presented so far, the defense intends to move for dismissal
by the end of May; on May 15 Tsvangirai said he was confident
that he would be acquitted. Another defense lawyer, Innocent
Chagonda, was also confident this week that judge Garwe would
find it difficult to convict Tsvangirai.
¶3. (U) On May 12 and 13, the defense continued its
cross-examination of Assistant Police Commissioner Moses
Magandi. The State’s star witness Ari Ben Menashe previously
said that he had informed Magandi, while they were traveling
to England for a meeting with Tsvangirai, that he was going
to the DRC later to meet with Rupert Johnson. But Magandi
denied this week that Menashe told him of his trip to the
DRC. Bizos also questioned Magandi on whether he had
informed his superiors that the videotape did not show
Tsvangirai saying that he wanted to “assassinate” President
SIPDIS
Mugabe. Magandi admitted that he did not. When Bizos asked
Magandi if there were any special identifying marks on the
videotape and the audiotape that could be used to confirm
that the tapes in front of them were the correct tapes,
Magandi admitted that there were no special marks. However,
he refused to admit that it would have been easy for anyone
to change the tapes.
¶4. (U) The prosecution then introduced the next state
witness, Central Investigation Department (CID) Officer
Stephen Mutamba. Although Mutamba admitted that the quality
of the audiotape was poor, except for one part, he still
managed to read from a police transcript what the police
believed Ben Menashe to have said at the second London
meeting. During his cross-examination by the defense,
Mutamba admitted that he had only been looking for evidence
that would incriminate Morgan Tsvangirai and ignored evidence
that Tsvangirai had not said anything about “assassinating”
Mugabe.
¶5. (C) In circumstances where it was obvious that Ben Menashe
had lied, Magandi and Mutamba preferred to say that they did
not know what Ben Menashe had said. Based on misstatements
Magandi made, the state appeared to have coached the second
witness, Mutamba, and he was better prepared for
cross-examination.
¶6. (U) Although the attendance in court was poor at first,
toward the end of the week it increased steadily. On May 12,
nine members of the MDC women’s league were arrested after
they were denied entry to the High Court allegedly because
they were not dressed appropriately; they were wearing MDC
t-shirts.
Comment:
——–
¶7. (C) Both witnesses’ testimony appeared to benefit the
defense more than the prosecution even though they were State
witnesses. Under apolitical circumstances we would be
confident of acquittal. However, the circumstances are not
apolitical. The central questions the GOZ and Judge Garwe
faces are whether there is any basis under the law for a
conviction, what would be the political fallout of convicting
Tsvangirai with such flimsy evidence, and whether the Supreme
SIPDIS
Court would overturn the conviction (which the defense would
surely appeal). Judge Garwe, current Judge President of the
High Court, must also be pondering if his career will outlast
the current regime, and the potential damage of a conviction
for his own reputation. End Comment.
WHITEHEAD
(22 VIEWS)
