US embassy cable - 02HARARE1563

UNCLAS HARARE 001563 
 
SIPDIS 
 
FOR AF/S AND AF/PD 
 
E.O. 12958: N/A 
TAGS: KPAO, CASC 
SUBJECT: TRIAL OF ANDREW MELDRUM CONTINUED UNTIL JULY 12 
 
 
1.   THE TRIAL OF AMERICAN CITIZEN ANDREW MELDRUM, CHARGED 
    UNDER ZIMBABWE'S CONTROVERSIAL ACCESS TO INFORMATION AND 
    PROTECTION OF PRIVACY ACT (AIPPA), CONTINUED THIS MORNING. 
    THE PROSECUTION FINISHED PRESENTING ITS EVIDENCE. 
    MELDRUM'S LAWYER THEN MADE AN APPLICATION FOR THE CASE TO 
    BE DISCHARGED AS, IN HER OPINION, THE STATE HAD CLEARLY 
    FAILED TO ESTABLISH A PRIMA FACIE CASE AGAINST MELDRUM. 
    THE PROSECUTION ARGUED IT HAD ESTABLISHED THE NECESSARY 
    EVIDENCE OF MELDRUM'S GUILT.  MAGISTRATE GODFREY MACHEYO 
    THEN CONTINUED THE CASE UNTIL JULY 12. 
 
2.   MELDRUM, A ZIMBABWEAN RESIDENT AND CORRESPONDENT FOR 
    THE GUARDIAN NEWSPAPER (UK) HAS BEEN ACCUSED OF "PUBLISHING 
    FALSEHOODS" IN AN APRIL 24TH ARTICLE ABOUT A WOMAN 
    ALLEGEDLY BEHEADED BY RULING PARTY SUPPORTERS.  MELDRUM 
    PICKED UP THE STORY FROM ZIMBABWE'S DAILY NEWS, WHICH HAS 
    SINCE ADMITTED THAT THE ALLEGATIONS OF BEHEADING WERE FALSE 
    AND OFFERED A FORMAL APOLOGY. 
 
3.   THE CRUX OF MELDRUM'S DEFENSE THUS FAR SEEMS TO BE THE 
    ISSUE OF JURISDICTION.  CAN THE GOVERNMENT OF ZIMBABWE 
    APPLY AIPPA TO AN ARTICLE PUBLISHED IN A BRITISH NEWSPAPER 
    WHICH IS NOT SOLD IN ZIMBABWE?  THE PROSECUTION CONTENDS 
    THAT ZIMBABWEANS MAY EASILY ACCESS MELDRUM'S GUARDIAN PIECE 
    VIA THE INTERNET AND THAT INTERNET DOWNLOADING CONSTITUTES 
    "PUBLICATION IN ZIMBABWE." 
 
4.   EMBASSY OFFICIALS ARE IN REGULAR COMMUNICATION WITH 
    MELDRUM AND WILL CONTINUE TO ATTEND HIS TRIAL. 
 
 
SULLIVAN