Beatrice Mtetwa described the behaviour of a prosecutor, who came to court on the morning of the trial of lawyer Alec Muchadehama only to announce that he was not ready for trial, as bizarre and a blatant violation of court procedure.
Muchadehama was facing charges of obstruction of justice relating to the release on bail of abductees Chris Dhlamini, Ghandi Mudzingwa and Andrisson Manyere.
Reports said the attorney-general’s office was targetting lawyers who represented Movement for Democratic Change activists who were abducted in 2008 and wanted Muchadehama to be charged with someone else.
Full cable:
Viewing cable 09HARARE503, ATTORNEY GENERAL ORDERS ARREST OF SENIOR MDC OFFICIAL
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Reference ID |
Created |
Classification |
Origin |
VZCZCXRO3768
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0503/01 1700928
ZNR UUUUU ZZH
R 190928Z JUN 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 4624
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 2321
RUEHAR/AMEMBASSY ACCRA 2896
RUEHDS/AMEMBASSY ADDIS ABABA 3015
RUEHRL/AMEMBASSY BERLIN 1447
RUEHBY/AMEMBASSY CANBERRA 2278
RUEHDK/AMEMBASSY DAKAR 2645
RUEHKM/AMEMBASSY KAMPALA 3063
RUEHNR/AMEMBASSY NAIROBI 5506
RUEHGV/USMISSION GENEVA 2191
RUZEHAA/CDR USEUCOM INTEL VAIHINGEN GE
RUEAIIA/CIA WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RHEFDIA/DIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEKJCS/JOINT STAFF WASHDC
RHEHAAA/NSC WASHDC
UNCLAS SECTION 01 OF 02 HARARE 000503
SENSITIVE
SIPDIS
AF/S FOR B. WALCH
DRL FOR N. WILETT
ADDIS ABABA FOR USAU
ADDIS ABABA FOR ACSS
NSC FOR SENIOR AFRICA DIRECTOR M. GAVIN
STATE PASS TO USAID FOR L.DOBBINS AND E.LOKEN
E.O. 12958: N/A
TAGS: PHUM ASEC KDEM PGOV PREL ZI
SUBJECT: ATTORNEY GENERAL ORDERS ARREST OF SENIOR MDC OFFICIAL
REF: A. HARARE 466, B. HARARE 461
——-
SUMMARY
——-
¶1. (SBU) Attorney General (AG) Johannes Tomana is continuing his
pursuit of attorneys and MDC officials who seek to protect and
defend the MDC officials who were abducted late last year. On June
16, at the behest of Tomana, senior MDC-T official Toendepi Shonhe
was arrested on charges of perjury. Tomana contends Shonhe made
false statements under oath in a high court hearing on June 6 when
he testified that three MDC officials who had been abducted last
year had been re-abducted on June 2. Separately, human rights
lawyer Alec Muchadehama – responding to a summons issued by the AG –
arrived at court to face charges of obstruction of justice on June
17 only to learn the AG’s office wasn’t yet ready to begin the
trial. END SUMMARY.
——————————————— —-
AG Orders Arrest, Denial of Bail for MDC Official
——————————————— —-
¶2. (SBU) Shonhe was summoned to the Harare central police station on
June 16 where he was questioned; late in the day he was arrested on
charges of perjury. The allegations stem from an affidavit Shonhe
submitted in the High Court on June 6 that three MDC members,
previously abducted and then released, had been re-abducted on June
2 (Ref A). The State contends the three were not re-abducted.
¶3. (SBU) Shonhe appeared before Magistrate Munyonga on June 17
where the prosecutors from AG Tomana’s office opposed bail on
grounds that Shonhe would interfere with witnesses. Prosecutors
presented evidence from notorious policeman Detective Inspector
Henry Dowa who said he wanted Shonhe to remain in custody until he
finished investigations, which he said would go on for an
“unspecified” period. Defense lawyers Alec Muchadehama and Innocent
Maja argued the AG’s refusal to consent to bail was vindictive and
intended to punish Shonhe for exposing the AG’s illegal plan to
force MDC abductees to testify falsely against their colleagues. On
June 18, Magistrate Munyonga granted bail, but the prosecutor
immediately filed notice that the AG would appeal, forcing Shonhe to
remain in jail. Shonhe’s supporters in the crowded courtroom
collectively groaned in dismay when the prosecutor announced his
intent to appeal.
———————————
AG Targeting Human Rights Lawyers
———————————
¶4. (SBU) On June 16, human rights lawyer Innocent Chagonda told us
that Tomana initially planned to arrest him and his law partner
Chris Mhike in connection with their representation of MDC abductees
Fanny Tembo, Lloyd Tarumbwa, and Terry Musona. Chagonda said that
he wrote to Judge President Rita Makarau, who intervened and
prevented the lawyers’ arrest. Having failed to arrest Chagonda and
Qprevented the lawyers’ arrest. Having failed to arrest Chagonda and
Mhike, Tomana settled for Shonhe.
¶5. (SBU) Separately, human rights lawyer Alec Muchadehama appeared
in court on the morning of June 17, prepared to stand trial on
obstruction of justice charges relating to the release on bail of of
abductees Chris Dhlamini, Ghandi Mudzingwa, and Andrisson Manyere
(Ref B). According to Muchadehama’s attorney, Beatrice Mtetwa, on
the morning of the trial the prosecutor arrived in court, said he
wasn’t ready for trial, and left. Mtetwa described the prosecutor’s
HARARE 00000503 002 OF 002
behavior as bizarre and a blatant violation of court procedure. The
prosecutors have reportedly claimed they want to prosecute someone
else along with Muchadehama.
——-
Comment
——-
¶6. (SBU) Notwithstanding the formation of the inclusive government
in February, ZANU-PF continues to use the AG’s office to harass its
opponents and to deny them their civil and political rights. By
attacking the handful of human rights lawyers that are actively
defending MDC officials and victims, the AG’s office is continuing
with its relentless attack on Zimbabwe’s brave dissenting voices.
This state of affairs will surely continue and possibly worsen
unless there is full implementation of the Global Political
Agreement, particularly the replacement of Tomana with an impartial
Attorney-General. END COMMENT.
MCGEE
(28 VIEWS)
