Weapons theft: secret trial

Police spokesperson Oliver Mandipaka confirmed that the man was arrested on October 20 after 21 AK47 rifles and a shotgun were stolen from the barracks. Three of his accomplices, who are members of the Zimbabwe National Army (ZNA), are due to be court-marshalled.

The mysterious trial stands in stark contrast to the drawn-out trial of Deputy Minister of Agriculture, Roy Bennett. Marked by international media attention, a cavalcade of bodyguards to protect the prosecutor, Attorney General Johannes Tomana, and the show of firearms as exhibits, Bennetts trial is a public spectacle

The first news of the secret trial came after the man, who has not even been named, had been arrested, tried and convicted of the crime. It is not even clear whether he had a lawyer.

The civilian, rumoured to be a welder by trade, pleaded guilty to the offence when he appeared before Harare magistrate William Bhila on November 20. He was allegedly found with four of the stolen weapons.

A week after the break in, MDC transport manager, Pasco Gwezere, was taken from his Mufakose home by armed police and state security agents, in connection with the alleged crime.

The State has invoked the notorious section 121 of the Criminal Procedure and Evidence Act (CPEA) to deny him his freedom. The controversial law empowers it to freeze a court judgement for a period of seven days pending a written appeal against such ruling.

High Court Judge Justice Charles Hungwe had granted Gwezere US$500 bail, but Tawanda Zvekare, representing the state, invoked section 121 to overrule the judge and keep Gwezere in prison, while the state launches its appeal against the judgment.

Justice Hungwe also revealed that the investigating officer had failed to prove that Gwezere knew the other suspects who were said in court to be still on the run. The state also failed to link Gwezere to the stealing of the arms as it intended to call witnesses who would reveal that they approached Gwezere with the intention of selling to him the stolen arms.

More than 30 other soldiers have been seized and detained for questioning by army personnel and state security agents over the theft of the firearms.

In response to the reported torture of these soldiers, several of whom are believed to have died from their injuries, 31 family members gathered in protest at the weekend outside the KG IV barracks demanding to see General Constantine Chiwenga, commander of the defence forces.

The families were also angered at the suspension of their relatives salaries since they had been incarcerated. Below is a list, compiled and released to The Zimbabwean by human rights activists, of 51 army personnel who have been severely tortured while in detention. Those with an asterisk next to their names have been refused medical treatment.

At least six soldiers have been confirmed to have died as a result of the torture, but army sources say as many as 12 have died. The families were denied access to their loved ones bodies.

Our sources have revealed that a man known only as Colonel Manana is in charge of the torture operations, with minister of defence, Emerson Mnangagwa, and minister in charge of state security, Sidney Sekeremayi, pulling the strings behind closed doors. Mnangagwa has reportedly said that the soldiers would never be released.

Distressed family members were demanding to know why the soldiers had not been brought before a legal court. They were also unclear as to what proof the army had that the accused men were involved in the firearm theft. It is also uncertain why the detention and torture of the soldiers is continuing when somebody else has confessed, been convicted and jailed the weapons in question have been recovered.

The families demanded that the soldiers receive medical attention immediately and a fair and open trial with access to legal assistance.

It is not only family members who are up in arms over the mistreatment of the soldiers. Junior officers at Cranborne barracks refused to parade for three mornings last week in protest against the cruelty to their colleagues.

The following are the names and ranks of soldiers arrested on allegations of theft of weapons from Pomona Barracks. All have been brutally tortured. The names with * next to them are ones who are in a serious condition as a result of torture. No medical treatment has been allowed:

Rank: Private

L. Ndawana

K. Kashiri

S. Moyo

L. Moyo

D. Bhasera

T. Mhlotsha

S. Marufu

P. Sithole *

N. Kufandgedza

T. Manyeredza

P. Muzondiwa

K. Mazambana *

V. Kurotwa *

D. Ncube

K. Dube

P. Mazikanda

S. Nkiwani *

T. Mkandhla *

Lance Corporal

M. Chitekwe

G. Maphosa

S. Nyoni

T. Muzangaza

S. Tawodzera

K. Mtandwa *

D. Zibute *

Corporals

A. Ntini

P. Muterwa

K. Mutasa

P. Swovera

Rank: Sergeant

S.M. Mugadza

T.S. Ngungu *

B. Chidziva

K. Nkomo

Sgt. Major

T. Garagada

P.T. Nyoni

Lt. Col.

K. Z. Garira *

T.J. Moyo

S.K. Ngulube

D. Mpilo *

P. Mudzamiri *

S.K. Mutetwa

Rank: Major

D. Mhundwa

S.T. Sasu

J.B. Kembo *

S. Zengeya *

B.T. Chingosho *

K. Mhlambo

Sgt. Major

B. Choga

Rank: Colonel

B. Muzariri

T. Nyikadzino