Framed lawyer released

Harare Regional Magistrate,William Bhila, accepted defence lawyer Lucky Mauwa of Mutezo and Partners’ submission that Zvauya was a strong candidate for acquittal by the High Court. Zvauya was jailed for two years by another Harare magistrate after the court convicted him on charges that he demanded a US$400 bribe from Mutsvangwa, which amounted to criminal abuse of office.

Bhila freed Zvauya on US$100 bail with no reporting conditions. Zvauya, argued that the State’s case was weak and was likely to fall apart in the High Court after Mutsvangwa’s wife, Monica, had failed to produce text messages which she earlier claimed the lawyer had sent to her demanding a bribe. The trap document used by the CID was also found to be defective as it was dated October 2006 while Zvauya was arrested in November 2009.

It has also been established that Zvauya’s brother, Chengetai, a correspondent for the Associated Press news agency, had not written any story about Mutsvangwa’s alleged involvement in a murder case. Mutsvangwa, had claimed that, Chengetai Zvauya, had written the story and Rangarirai Zvauya, approached him asking for a bribe to stop its publication. The defence also argued that Mutsvangwa’s statements were inconsistent and that Monica, who was listed as a complainant had failed to give any evidence of the lawyer’s wrongdoing during the trial which concluded in January.

Zvauya, claims that there was an element of entrapment. Mutsvangwa told the court under cross-examination from another defence lawyer, Chris Mhike, that he had used his CIO skills to trap Zvauya in order to prevent him from interviewing his wife. After Monica invited Zvauya, who was a law officer in the Attorney-General’s office, to her home to interview her, Mutsvangwa

brought the CID to arrest him.

Apart from Mutsvangwa, no-one else claimed to have heard Zvauya asking for a bribe, the court heard. Bhila concluded that on the basis of those arguments, Zvauya would be a successful candidate for acquittal when the case was heard in the High Court at a date yet to set. Zvauya argues that he was framed to prevent details of a murder case allegedly involving Mutsvangwa from becoming public. Mutsvangwa was reportedly involved in an illegal diamond deal. He failed to pay Costa Mateta and several other people who had given him diamonds. Mateta, and his

associates then went to Mutsvangwa’s Highlands home and seized cash and goods in the presence of Monica.

Mutsvangwa is reported to have ordered the CID to arrest Mateta and his partners. The Homicide Squad detectives are said to have taken Mateta and two others to Granville Cemetery on the outskirts of Harare, where they brutally tortured them and shot them to death. Mateta’s wife, Saliwe Nduna, sued the CID for the murder of her husband.

Zvauya’s job was to represent the State’s interest in the case. However, during his investigations, he stumbled upon evidence incriminating Mutsvangwa in the illegal diamond deals and the subsequent killings. Zvauya was due to gather information from Monica about the case when he was arrested. Meanwhile Nduna is still pursuing her case. She is represented by Zviko Chadambuka of the Zimbabwe Lawyers for Human Rights (ZLHR). ZLHR has accused Zanu (PF) functionaries in the government of harassing State lawyers who sought to do their jobs professionally.

Several State lawyers involved in high-profile cases to do with human rights violations have been arrested or harassed