US embassy cable - 02HARARE2715

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 002715 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
AF A/S KANSTEINER AND PDAS BELLAMY 
AF/S FOR DIRECTOR DELISI AND DESKOFF RAYNOR 
OPERATIONS CENTER 
STATE FOR CA/OCS/ACS/AF RON HAWKINS 
DS/AF/OP 
DS/ICI/PII 
DS/DSS/ITA 
 
E.O. 12958: DECL: 01/01/2012 
TAGS: PGOV, PHUM, PREL, CASC, ASEC 
SUBJECT: GOZ IDENTIFIES SHOOTER IN GILMAN CASE 
 
REF: A. HARARE 2676 
     B. HARARE 2628 
     C. HARARE 2495 
     D. HARARE 2487 
     E. HARARE 2473 
     F. HARARE 2471 
     G. POLICE REPORT FAXED TO CA/OCS AND AF/S 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary 
------- 
1. (C) In the police report, handed to the Ambassador by the 
MFA (Ref C), the police identified the shooter.  For the most 
part, the report is consistent with A/RSO's observations and 
investigations in Mutare in the days following the Gilman 
murder.  RSO learned that police inquiries have been opened 
against the shooter, and against the deceased.  Howard 
Gilman, the deceased's brother, is considering an Inquest if 
a Magistrate closes his brother's case before trial.  It 
appears the GOZ will continue to advance the allegation that 
Gilman drove at roadblock officials--a claim which cannot be 
independently corroborated due to a lack of eyewitnesses 
other than the security officers involved.  Nonetheless we 
will continue to pursue all possible leads, and press the GOZ 
against the use of lethal force in such situations.  End 
Summary. 
 
2. (U) On November 21, the Embassy received a copy of the 
police report concerning the death of Amcit Richard Gilman at 
a roadblock near Mutare on November 11.  For the most part, 
the report, the full text of which is included below, is 
consistent with A/RSO's investigation and observation of 
Gilman's vehicle, and the autopsy results.  However, the 
reported time is approximately fifteen minutes off what 
police initially reported to A/RSO in Mutare.  And, as 
reported in Ref C, the deceased's brother said Richard 
returned to the house for his passport and not vehicle 
papers, which he said were in possession of police at the 
roadblock.  Conoff forwarded the report to CA/OCS and AF/S on 
November 22. 
 
3. (U) RSO's office spoke with police in Mutare again on 
November 26, and they confirmed that they had opened a Sudden 
Death Docket (SDD) against the shooter, and an Attempted 
Murder Docket against the deceased.  (Note: The Sudden Death 
Docket is not a criminal inquiry, the Attempted Murder Docket 
is.  End Note.)  These are police inquiries into the 
incidents.  Once completed, these will be forwarded to a 
Magistrate who will determine whether the SDD case should be 
taken to trial by opening a Murder Docket (serious charge), 
or a Culpable Homicide Docket (lesser charge than murder). 
The Magistrate may also decide to simply close the police 
Sudden Death Docket, and therefor the case.  With the 
Attempted Murder Docket against the deceased, the Magistrate 
will determine, via witnesses, whether the deceased attempted 
to kill or harm roadblock officials.  On November 26, RSO's 
office also spoke with the deceased's brother, Howard Gilman, 
who said he had retained a lawyer and was considering an 
Inquest into his brother's death if the Magistrate closed the 
case without trial.  In an Inquest, the lawyer would be able 
to cross-examine witnesses in a hearing at the Magistrate's 
court concerning the events.  To the best of our knowledge, 
security officers at the roadblock comprise the only 
first-hand witnesses. 
 
4. (U) In a November 13 meeting with Foreign Minister, 
Stanislous Mudenge, the Ambassador expressed the US 
Government's strong desire for a full investigation, objected 
to roadblock authorities using lethal force in a dispute over 
vehicle documentation, and stressed the need for 
clarification of procedures being used at roadblocks to avoid 
future incidents (Ref D).  GOZ officials identified the 
shooter in the following police report.  Authorities in 
Mutare, during A/RSO's investigation immediately after the 
shooting, declined to name any of the six officers present. 
 
Comment 
------- 
5. (C) In the absence of independent witnesses on the scene 
at the time of the shooting, it will be difficult to divine 
exactly what happened on that evening.  We anticipate that 
the GOZ will continue to forward the allegation that Gilman 
drove at roadblock officials--a claim for which we have no 
first-hand counter evidence.  Nonetheless, we will continue 
to press the GOZ for a fair and full review of the case.  We 
will also stress our concern about the potential future use 
of lethal force in such situations.  End Comment. 
6. (U) Following is the full text of the police report: 
UPDATE SUMMARY: SHOOTING INCIDENT: RICHARD GILMAN: 11 
NOVEMBER 2002 
 
On Monday 11 November 2002, a border patrol team based at 
C.M.E.D. Mutare along Vumba Road conducted a roadblock in the 
afternoon. The purpose of the block was to search for 
smuggled goods and general vehicle checks. 
 
Two police officers and four members of the Zimbabwe National 
Army were manning the roadblock. The four Zimbabwe National 
Army members were armed with AK rifles and acted as stop 
groups. The team was part of the provincial border special 
operations task force. 
 
Their purpose was to monitor and arrest border jumpers and 
contrabands illegally crossing the border into and from 
Zimbabwe. They also monitored issues of security interest. 
The team commander was Sergeant Machingauta of Police Mutare 
Rural. 
 
At the roadblock there were no roadblock equipment but all 
officers were in uniform with the two police officers putting 
on traffic sleeves. At around 1600 hours the deceased, 
Richard Gilman approached the roadblock driving a vehicle 
with foreign number plates, MHV 655 GP (South Africa) 
 
He was travelling from Vumba towards town. He stopped and was 
briefed of the purpose of the roadblock. He was asked to 
identify himself and he produced his American passport. He 
was then asked to produce papers relating to the vehicle but 
he had none. 
 
The team took possession of his documents and told him to 
drive into town to collect the vehicle documents, i.e. 
insurance and permit papers which he alleged had left at 
Number 5 Glade Flat some four kilometres away. 
 
He returned around 1625 hours and only produced the Temporary 
Import Permit (T.I.P.), which the team noted had expired on 
the 28 October 2002. They demanded for the vehicle insurance 
which he could not produce. He also could not explain why he 
was producing an expired Temporary Issue Permit which was 
date stamped 4 November 1998 (normally a T.I.P. is for 30 
days). The team having noted the above irregularities then 
advised the deceased that they were going to take his vehicle 
to customs for clearance. 
 
The deceased became hostile and uncooperative with the team. 
He started to close his windows and took off at a high speed. 
He drove towards the two officers who were in front of his 
car who jumped off the road for safety. 
 
Having noticed that the deceased was driving away and had 
nearly knocked down the two officers, Private SHERENI number 
807687 V of the Zimbabwe National Army who was on the side of 
the road fired towards the vehicle. Two bullet holes were 
noted on the vehicle. One hit the left rear wheel and went 
through to hit the left rear and front doors. 
 
The second bullet went through the rear number plate 
perforating through the middle of the rear seat to the 
driver's seat just below the headrest and possibly hitting 
the driver. The bullet was found stuck on the windscreen just 
above the dashboard on the extreme right. The vehicle then 
stopped and officers rushed to the scene. They discovered 
that the deceased had been injured and they immediately 
summoned for an ambulance. (One of the members used his cell 
phone). 
 
The shooting took place at 1630 hours as per report from the 
team. 
 
The ambulance arrived at 1645 as per ambulance driver's 
record. He left the scene at 1650 hours arriving at the 
Seventh Avenue Surgical Unit (SASU) at 1715 hours, as per 
hospital records. The ambulance blamed his delay to none 
availability of a siren. He passed away at 2000 hours in the 
hospital. 
Soon after the evacuation of the deceased from the scene, 
Sergeant Machinguta checked for valuables from his car and 
recovered $150 000.00 (Zimbabwean currency and R220) (Rands) 
in envelopes in the dashboard pocket. 
 
Addresses found on him were as follows: 
 
Passport Number 153964494 (American) 
Number 31 Westledge Drive 
Torington 
CT - USA 
 
Number 5 Green Glade Flat 
Hardy Crescent 
Murambi - Mutare 
 
Registered owner of vehicle: 
 
Number MHV 655 GP 
Toyota Corolla - white 
Tony's Car Hire 
Number 33 Stagemann Avenue 
Terenure - Campton Park 
South Africa 
 
His business card address: 
 
African Child's Fund in Zimbabwe with his U.S.A. address 
given above, 
 
Same was staying with his brother Howard Gilman at Number 5 
Green Glade Flat. Information from his brother is that he was 
in Zimbabwe to carry out charity business in schools. He gave 
out that he had arrived two weeks ago and this was his third 
time to visit Zimbabwe. 
 
He indicated that Gilman had interest in children and had 
donated some books worth $2 million to Chishakwe School in 
Mutare. He is also said to have sponsored food to Bvumbunu 
School in Mutasa District and was working on electrification 
of the school. He is reported to have used about $8 million. 
(This information is not yet verified). 
 
The two AK bullet spent cartridges and one bullet bead were 
recovered. Mutare Central had opened an Attempted Murder 
docket against the deceased for trying to run over the 
officers. The deceased had a temporary South African resident 
permit expiring on 22 January 2003. 
 
The body has been referred to Harare Hospital for postmortem 
 
Z R Police General Headquarters 
 
14 November 2002 
SULLIVAN