Roy Bennett was freed after Chief Justice Godfrey Chidyausiku upheld the lower court decision to grant him bail but had to post US$5 000 bail to be released.
He was to face charges of terrorism, insurgency, sabotage or banditry.
Earlier, Mutare magistrate Livingstone Chipadza was arrested for criminally abusing his office after ordering the clerk of court to accept bail for Bennett when he allegedly knew that the case was before the Supreme Court.
Chipadza argued that he was merely executing the High Court ruling to grant Bennett bail.
Full cable:
Viewing cable 09HARARE218, MDC’S BENNETT RELEASED ON BAIL; STATE CONSIDERS
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Reference ID |
Created |
Classification |
Origin |
VZCZCXRO7688
OO RUEHBZ RUEHDU RUEHMR RUEHRN
DE RUEHSB #0218/01 0711453
ZNY CCCCC ZZH
O 121453Z MAR 09 ZDK
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4216
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2691
RUEHDS/AMEMBASSY ADDIS ABABA 2812
RUEHRL/AMEMBASSY BERLIN 1276
RUEHBY/AMEMBASSY CANBERRA 2080
RUEHDK/AMEMBASSY DAKAR 2436
RUEHKM/AMEMBASSY KAMPALA 2860
RUEHNR/AMEMBASSY NAIROBI 5299
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1982
RHEHAAA/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000218
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR MICHELLE GAVIN
E.O. 12958: DECL: 03/12/2019
SUBJECT: MDC’S BENNETT RELEASED ON BAIL; STATE CONSIDERS
ARRESTING HIS LAWYER
Classified By: Ambassador James D. McGee for reason 1.4 (d)
——-
SUMMARY
——-
¶1. (C) Jailed Deputy Minister of Agriculture-designate Roy
Bennett was released from a Mutare jail on March 12 after the
Supreme Court Chief Justice upheld a previous, lower court
decision to grant Bennett bail. The magistrate who
originally ordered Benntt’s release after a High Court order
granting bil, and was consequently arrested on March 5 for
abuse of office, was released on March 7. Bennett’s lawyer
has been informed that she may be arrested for contempt of
court. END SUMMARY.
————————————–
Roy Freed as State Runs Out of Appeals
————————————–
¶2. (SBU) On March 12, Deputy Minister of
Agriculture-designate and MDC treasurer Roy Bennett was
released from jail following the determination on March 11 by
Zimbabwean Chief Justice Godfrey Chidyausiku to uphold a
lower court decision granting Bennett bail. Bennett still
faces charges of terrorism, insurgency, sabotage or banditry,
but was released from a Mutare prison at noon on March 12
after posting US$5,000 bail, surrendering his travel
documents and property deed, and agreeing to appear at a
Harare police station three times a week. According to
Bennett’s lawyer, Beatrice Mtetwa, while Justice Chidyausiku
made the terms of Bennett’s bail stricter, Bennett was able
to meet the conditions.
¶3. (SBU) The appeal to the Supreme Court to reconsider the
February 24 decision by High Court Judge Tedious Karwi to
grant Bennett bail was the last legal opportunity available
to State prosecutors to keep Bennett locked up. Chidyausiku
deliberated for a full day after hearing arguments on March
10 before making his ruling on March 11. Bennett’s
incarceration had already been extended by Supreme Court
Judge Paddington Garwe on March 4 when he granted the State
permission to appeal the High Court ruling. Bennett has been
in jail since his arrest on February 13.
——————————————— –
Magistrate’s Office Fearful to Process Release
——————————————— –
¶4. (SBU) On March 5, Livingstone Chipadza, the Mutare
magistrate who ordered his clerk to accept bail for Bennett,
was himself arrested by the police on charges of criminally
abusing his office. Police spokesperson Wayne Bvudzijena
said that Chipadza signed a warrant of liberation knowing
that the Supreme Court would review the High Court’s bail
decision. Chipadza has argued that he was merely executing
the March 4 High Court ruling to grant Bennett bail.
Chipadza has been released on bail and remanded for a hearing
on March 17.
¶5. (C) Mtetwa told poloff that Chipadza’s replacement was
very hesitant to accept bail and release Bennett after
Chidyausiku’s decision, and required multiple assurances by
the office of Chief Magistrate Mandeya before processing his
Qthe office of Chief Magistrate Mandeya before processing his
warrant of liberation.
——————————-
Bennett’s Lawyer Being Targeted
——————————-
HARARE 00000218 002 OF 002
¶6. (C) Disturbingly, Mtetwa informed us that she also has
become a target of the State. On March 11, she received a
warning from a personal contact at police headquarters that
the Attorney General’s office was considering ordering her
arrest this weekend on charges of contempt of court. She
called two other contacts within the police for confirmation.
One refused to comment while the other confirmed that the
threat was real. Mtetwa also mentioned that she was followed
several nights ago by two unmarked Isuzu 4×4 trucks, which
she suspected may have been driven by Central Intelligence
Organization officers. She plans on avoiding her home this
weekend.
——-
COMMENT
——-
¶7. (C) The Bennett case is indicative of the degree to which
Zimbabwe’s legal process has been abused by ZANU-PF
loyalists. First, a Mutare magistrate was arrested for
attempting to execute a High Court decision granting Bennett
bail. This was followed by Attorney General Tomana –a vocal
ZANU-PF supporter– appealing what appeared to be the
reasoned bail decision by the High Court judge for the
primary purpose of extending Bennett’s incarceration. While
we are encouraged that Bennett’s release was eventually
secured, reports that his lawyer is now under threat of
arrest demonstrates that hard-liners aren’t giving up. END
COMMENT.
MCGEE
(32 VIEWS)
