Bennett fled to London

Human rights lawyer Arnold Tsunga said former Member of Parliament Roy Bennett had fled to London and not South Africa as was being reported in the media after intense media speculation and police search.

Tsunga said Bennett was planning to return to Zimbabwe now that others arrested in connection with the discovery of arms in Mutare had been released. It was not clear when he would return.

Tsunga also said lawyers were no longer representing Michael Hitschmann, who was now a state witness, because they believed he was working for the police and had falsely implicated the other suspects.

Full cable:

Viewing cable 06HARARE319, JUDGE FREES SEVEN ARMS CACHE DEFENDANTS

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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

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RUEHNR/AMEMBASSY NAIROBI 3557

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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

TAGS: ASEC PGOV PHUM PREL ZI

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

(28 VIEWS)