George Bizos, the lead lawyer for Movement for Democratic Change leader Morgan Tsvangirai, trashed Ari Ben Menashe’s credibility when he exposed that he had signed a number of contracts with governments for which he was paid but never delivered.
Ben Menashe was the key state witness in the treason trial of Tsvangirai, MDC secretary general Welshman Ncube and legislator Renson Gasela who were facing treason charges for allegedly plotting to assassinate President Robert Mugabe.
Bizos showed that Ben Menashe had been paid US$7 million to deliver maize to Zambia but no corn was delivered.
He was also paid US$300 000 to deliver wheat to Belorussia but he did not deliver.
He was paid US$262 000 to deliver rice to Ghana but the deal reportedly went sour and he did not deliver.
The contracts were signed with Ben Menashe’s company called CSC. He was also a director of Dickens and Madson which was allegedly hired to arrange the assassination of Mugabe.
Full cable:
Viewing cable 03HARARE313, TSVANGIRAI TRIAL: BEN-MENASHE CROSS-EXAMINATION
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C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000313
SIPDIS
LONDON FOR CGURNEY
PARIS FOR CNEARY
NAIROBI FOR PFLAUMER
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER
E.O. 12958: DECL: 02/12/2013
SUBJECT: TSVANGIRAI TRIAL: BEN-MENASHE CROSS-EXAMINATION
REF: HARARE 259
Classified By: political section chief Matt Harrington. Reasons: 1.5 (
B) and (D).
Summary
——–
¶1. (C) The treason trial of Movement for Democratic Change
(MDC) officials Morgan Tsvangirai, Welshman Ncube, and Renson
Gasela entered its eighth day on February 12. Since February
6, defense counsel has subjected the state’s star witness,
Ari Ben-Menashe, to an intensive cross-examination, a process
which has not yet concluded. Lead defense attorney George
Bizos has questioned Ben-Menashe about a number of contracts
with foreign governments which he apparently did not fulfill
but for which he nonetheless received payments. Presiding
judge Paddington Garwe has ruled that Ben-Menashe must answer
questions — in camera — regarding the contract he signed
with the Government of Zimbabwe, specifically what payments
he received for what activities. Ben-Menashe has engaged in
outrageous behavior in court, dismissing questions he did not
want to answer and using inappropriate language, but the
histrionics have played into Bizos’s successful attempts to
portray the witness as an unscrupulous conman.
Ben-Menashe’s contract with Government of Zimbabwe
——————————————— —–
¶2. (U) As reported reftel, Ben-Menashe had acknowledged
signing a contract with the Government of Zimbawe for
provision of public relations services on January 10, 2002,
shortly after the infamous videotape of MDC leader Morgan
Tsvangirai was made public, and that he had received
SIPDIS
U.S.$400,000 for services rendered. On February 7, defense
counsel George Bizos asked Ben-Menashe to clarify what
services he had provided. Ben-Menashe declined to answer,
citing confidentiality, sparking two days of arguments by
both sides as to whether he could be compelled to answer that
question. On February 10, the prosecutor produced a letter
from Minister of State for National Security Nicholas Goche
stating that forcing Ben-Menashe to discuss the contract
details would compromise Zimbabwe’s national security. Bizos
countered with an argument that excluding such testimony
would violate his clients’ constitutional right to a fair
trial. On the morning of February 12, Judge Garwe finally
ruled that Ben-Menashe would have to testify regarding this
contract but that, given the potential damage to national
security, cross-examination would take place in camera. The
courtroom was immediately cleared of outside observers and,
as of midday on February 12, the trial was proceeding in
camera.
Unfulfilled contracts with governments
————————————–
¶3. (U) Bizos has successfully used much of his
cross-examination to impugn Ben-Menashe’s credibility. One
particular focus has been contracts signed between CSC, a
company led by Ben-Menashe, and a number of foreign
governments for provision of grains. Ben-Menashe admitted,
for instance, signing a contract with Zambia to provide corn.
He insisted, however, that no corn was ever delivered
because the contract was terminated by the Government of
Zambia, and that the U.S.$7 million he received from the
Government of Zambia was for provision of other services —
which he refused to specify. Asked to comment on a
significant judgment issued against him in the London court
of arbitration for failing to fulfill that contract,
Ben-Menashe merely repeated several times that “that was
because we had no legal counsel present.” Asked whether he
had signed a contract to provide wheat to Belorussia,
Ben-Menashe said “no,” but did acknowledge, after being
pressed, that that topic had been discussed. Bizos asked
whether CSC had been paid U.S.$300,000 from the government of
Belorussia, Ben-Menashe answered in the affirmative but
insisted the payment was for other services provided. What
services had he provided for that payment, Bizos asked. He
was not at liberty to say, Ben-Menashe replied. Asked why
not if it had been for legitimate purposes, Ben-Menashe said
“sometimes governments don’t want such information to become
public.”
¶4. (U) Ben-Menashe acknowledged being paid U.S.$262,000 by
the Merchant Bank in Scotland for delivery of rice to Ghana.
Asked whether that rice had ever been delivered, Ben-Menashe
claimed that it was immediately returned when the deal “went
sour.” Asked how long he had kept that money before
returning it, Ben-Menashe claimed not to remember. Bizos
inquired whether the bank in Scotland had instituted legal
proceedings against CSC to reclaim its money. Yes,
Ben-Menashe replied, but that had been “a mistake.”
MDC-Dickens & Madson contract
—————————–
¶5. (U) Bizos also focused on the contract signed between
Ben-Menashe, on behalf of Dickens and Madson, and the MDC, in
which Dickens and Madson undertook to strengthen the MDC’s
international linkages and improve the party’s international
image. Ben-Menashe insisted that Rupert Johnson — who
introduced him to the defendants — was not a director of
Dickens and Madson, as indicated on the contract, and said
the contract had been drawn up by Johnson and presented to
him. Why then, Bizos asked, had Ben-Menashe signed a
contract in which Johnson was listed as a company director?
Ben-Menashe replied that he hadn’t read the contract
carefully. Did Ben-Menashe normally sign contracts involving
large sums of money without reading them? “Sometimes” was
the reply. If Johnson were not an employee of Dickens and
Madson, Bizos continued, why would he draw up a contract
promising to put U.S.$20,000 in Dickens and Madson’s bank
acount as an advance payment? “Why don’t you go ask him?”
Ben-Menashe retorted. Bizos asked whether Ben-Menashe had
claimed to Rupert Johnson that he was “loyal” to the GOZ and
said that Mugabe was his friend. ABM acknowledged saying
only that he knew Mugabe, that he sympathized with the GOZ’s
land reform program, and that he knew a number of senior GOZ
officials from his previous work in Zimbabwe. If Ben-Menashe
was so open about his close relationship to the GOZ, Bizos
asked, why would the MDC have trusted him to carry out an
assassination plan against Mugabe? Ben-Menashe, not
surprisingly, had no convincing reply.
Garwe’s conduct
—————
¶6. (C) Ben-Menashe continues to put on quite a show in the
witness box, screaming at Bizos when asked questions he
doesn’t want to answer, interrupting Garwe, and using
inappropriate language, including calling Tsvangirai a
“scumbag.” Garwe appears to be treating him with kid gloves,
reminding him often — but meekly — that he is in a
courtroom and needs to act appropriately. Garwe seems
uncomfortable and unsure of how to proceed on some points —
for instance, it was unclear to most observers why he had to
ajourn for 45 minutes on the first day to determine whether
diplomats, journalists, members of the general public, and
MDC officials should be permitted inside. Bizos asked the
judge to order Ben-Menashe to answer the question regarding
what services he had provided to the GOZ for the U.S.$400,000
payment. Garwe said he could order Ben-Menashe to do so but
threw up his hands and asked what he could he do if the
witness refused to comply, an appalling answer for a judge
who is supposed to have absolute authority in the courtroom.
On the positive side, Ben-Menashe was not permitted to depart
as he had hoped the evening of February 7 and it seems as
though the defense will not be preempted from conducting a
comprehensive cross-examination.
Access
———–
¶7. (U) It appears as though most interested parties are
being admitted to the courtroom to witness the trial.
Diplomats and independent journalists are present for every
session, and members of the general public are now being
granted access. A number of seats continue to be filled by
members of the security services.
Comment
————–
¶8. (C) Ben-Menashe has been the state’s worst enemy, and no
informed observers — particularly those privileged enough to
witness his behavior in court — believe that Tsvangirai and
his co-defendants approached him to arrange Mugabe’s
assassination. Now that the state’s case seems to be falling
apart, it will be interesting to see whether other prominent
names on the state’s witness list — including Air Force
Commander Perence Shiri — will be willing to sully their
names by appearing on the stand in support of these obviously
manufactured charges. Given that the defense has not yet
completed its cross-examination of the state’s first witness,
this trial could continue for many more weeks.
SULLIVAN
(100 VIEWS)
