US embassy cable - 03HARARE230

UNCLAS HARARE 000230 
 
SIPDIS 
 
LONDON FOR CGURNEY 
PARIS FOR CNEARY 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PINR, ASEC, ZI 
SUBJECT: FEBRUARY 3 TREASON TRIAL OF MDC PRESIDENT 
 
 
1.  The common law treason trial of three Movement for 
Democratic Change (MDC) leaders -- President Morgan 
Tsvangirai, Secretary-General Welshman Ncube, and Member of 
 
SIPDIS 
Parliament Renson Gasela -- is scheduled to begin in 
Zimbabwe's High Court on Monday, February 3.  The trial was 
originally scheduled for November 11, 2002 but was postponed 
after state prosecutors failed to provide certain evidence 
requested by the defense attorneys.  The GOZ is alleging 
that, in the months leading to the March 2002 presidential 
election, the three MDC officials plotted the assassination 
of President Mugabe with a lobbying firm headed by notorious 
businessman Ari Ben-Menashe. 
 
2.  Innocent Chagonda, a member of the MDC's legal team, was 
confident about the defense's case when we spoke to him on 
January 30.  He seemed to relish the prospect of 
cross-examining principal GOZ witness Ben-Menashe, whose 
credibility likely will not be difficult to impugn.  He even 
suspected that Ben-Menashe might not appear at trial, as 
prosecutors refused to share their witness list. 
 
Comment 
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3.  Most independent observers of Zimbabwe's political scene 
have dismissed the charges as a transparent attempt to keep 
the pressure on Zimbabwe's principal opposition party by 
forcing it to commit scarce resources to legal counsel, and 
that the case provided a convenient excuse to confiscate the 
passports of the three accused.  The MDC certainly has reason 
to feel confident -- its legal team, led by renowned South 
African attorney George Bizos, is strong, and the state's 
evidence is, at best, flimsy.   However, the stakes are very 
high and there are signs which should worry the MDC.  High 
Court Judge Paddington Garwe has opted to handle this case 
himself, and Garwe is well-known as a ruling party 
sympathizer.  In fact, Garwe dismissed several MDC challenges 
to 2000 parliamentary election results although the 
opposition party presented overwhelming evidence of political 
violence and electoral manipulation.  Under common law, Garwe 
will have significant leeway in determining whether to 
convict -- he would be more constrained had Tsvangirai been 
charged under a particular statute with treason -- and in 
determining the length of any prison sentence should there be 
a conviction. 
 
 
SULLIVAN