Judge condemns CIO role in arms cache case

-GB>Prosecutors conceded in court that the state’s case against the suspects could not be sustained, and backed down from pressing charges under Section 10 of the Public Order and Security Act (POSA). The government had claimed that the accused had conspired to possess weapons for the purposes of banditry, insurgency, sabotage and terrorism. They were said to have planned to spill oil on the road used by President Mugabe’s motorcade so that it could slip and be involved in an accident. Mugabe travels in a customised bullet proof Mercedes Benz and travels with a large convoy accompanied by heavy-duty motorcycles. The accusations were raised a few days before the anti-senate faction held its own congress, and gave Morgan Tsvangirai a fresh mandate to lead the party for the next five years.

The Minister of State Didymus Mutasa also threatened to eliminate the suspects. But in court, the accusations failed to stick, prompting prosecutors to withdraw the charges. Inquiries by Africa News Dimension reveals even though it appeared that the state had no case against the suspects, the CIO was determined to ensure that they were convicted of the case.

Legal experts close to the case said the arms cache discovery may have been one of the many special projects by Mugabe’s dreaded spy agency, determined to put under lock and key critics to the regime that stands accused of running down a once prosperous country. Several Zimbabweans have been accused in the past of plotting to kill Mugabe, who accuses the west of working towards effecting a regime change in Zimbabwe. And the involvement of the CIO in the case became very apparent in court. Prosecutor Levison Chikafu told the court that the CIO had taken some of the items that had been illegally seized from one of the accused, Giles Mutsekwa, a defence secretary for Tsvangirai’s faction.

It also emerged that members of the spy agency didn’t just keep the items illegally confiscated from the suspects, they also took part in meetings where prosecutors preparing for the case in an effort to influence its outcome. They didn’t attend these meetings as observers, but threatened senior law officers from the Attorney General’s office to go ahead with the charges.

In one case noted by Justice Hungwe, Joseph Jagada and Florence Ziyambi, senior officials from the AG’s office had to make a hasty retreat to Harare after being threatened by the members of the spy agency. “As a result of the threats against the senior state counsel, the situation got tense. In fear of their safety, both senior state counsel left for Harare,” said Justice Hungwe when he delivered his ruling ordering the detentions illegal.

In one instance, the AG, Sobusa Gula Ndebele, is reported to have ordered his officers to discontinue the interviews after appreciating the gravity of the clashes.

In yet another incident, the Judge noted: “The senior state counsel went into conference with the security agencies. Mr (Lawrence) Chibwe (a defence lawyer) says he later heard 1^st respondent shout at counsel accusing them of behaving as if they were defence counsel. The atmosphere was tense. No-one shouted anything back at first respondent.

Later, according to Chibwe, state counsel emerged from this office appeared shaken and subdued. He could not say anything further to them except to wish the two travelling to Harare a safe journey. They all dispersed. Chikafu, fearful of the threats offered by the enraged state agents did not sleep at his usual place of abode that night.” The unimpressed Zimbabwean judge remarked about the way the case had been handled: “This behaviour deserves the highest possible censure. It cannot be justified in a democratic society… This is the type of conduct that brings the administration of justice into disrepute.” – AND Zimbabwe