Bennett freed, magistrate arrested

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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STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR MICHELLE GAVIN

E.O. 12958: DECL: 03/12/2019

TAGS: PGOV PREL PHUM ASEC ZI

SUBJECT: MDC’S BENNETT RELEASED ON BAIL; STATE CONSIDERS

ARRESTING HIS LAWYER

Classified By: Ambassador James D. McGee for reason 1.4 (d)

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SUMMARY

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¶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.

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Roy Freed as State Runs Out of Appeals

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¶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

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¶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.

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COMMENT

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¶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

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