US embassy cable - 03HARARE313

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000313 
 
SIPDIS 
 
LONDON FOR CGURNEY 
PARIS FOR CNEARY 
NAIROBI FOR PFLAUMER 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
 
E.O. 12958: DECL: 02/12/2013 
TAGS: PGOV, PHUM, ZI 
SUBJECT: TSVANGIRAI TRIAL:  BEN-MENASHE CROSS-EXAMINATION 
 
REF: HARARE 259 
 
Classified By: political section chief Matt Harrington.  Reasons: 1.5 ( 
B) and (D). 
 
Summary 
-------- 
 
1.  (C) The treason trial of Movement for Democratic Change 
(MDC) officials Morgan Tsvangirai, Welshman Ncube, and Renson 
Gasela entered its eighth day on February 12.  Since February 
6, defense counsel has subjected the state's star witness, 
Ari Ben-Menashe, to an intensive cross-examination, a process 
which has not yet concluded.    Lead defense attorney George 
Bizos has questioned Ben-Menashe about a number of contracts 
with foreign governments which he apparently did not fulfill 
but for which he nonetheless received payments.  Presiding 
judge Paddington Garwe has ruled that Ben-Menashe must answer 
questions -- in camera -- regarding the contract he signed 
with the Government of Zimbabwe, specifically what payments 
he received for what activities.  Ben-Menashe has engaged in 
outrageous behavior in court, dismissing questions he did not 
want to answer and using inappropriate language, but the 
histrionics have played into Bizos's successful attempts to 
portray the witness as an unscrupulous conman. 
 
Ben-Menashe's contract with Government of Zimbabwe 
--------------------------------------------- ----- 
 
2. (U) As reported reftel, Ben-Menashe had acknowledged 
signing a contract with the Government of Zimbawe for 
provision of public relations services on January 10, 2002, 
shortly after the infamous videotape of MDC leader Morgan 
Tsvangirai was made public, and that he had received 
 
SIPDIS 
U.S.$400,000 for services rendered.  On February 7, defense 
counsel George Bizos asked Ben-Menashe to clarify what 
services he had provided.  Ben-Menashe declined to answer, 
citing confidentiality, sparking two days of arguments by 
both sides as to whether he could be compelled to answer that 
question.  On February 10, the prosecutor produced a letter 
from Minister of State for National Security Nicholas Goche 
stating that forcing Ben-Menashe to discuss the contract 
details would compromise Zimbabwe's national security.  Bizos 
countered with an argument that excluding such testimony 
would violate his clients' constitutional right to a fair 
trial.  On the morning of February 12, Judge Garwe finally 
ruled that Ben-Menashe would have to testify regarding this 
contract but that, given the potential damage to national 
security, cross-examination would take place in camera.   The 
courtroom was immediately cleared of outside observers and, 
as of midday on February 12, the trial was proceeding in 
camera. 
 
Unfulfilled contracts with governments 
-------------------------------------- 
 
3.  (U) Bizos has successfully used much of his 
cross-examination to impugn Ben-Menashe's credibility.  One 
particular focus has been contracts signed between CSC, a 
company led by Ben-Menashe, and a number of foreign 
governments for provision of grains.  Ben-Menashe admitted, 
for instance, signing a contract with Zambia to provide corn. 
 He insisted, however, that no corn was ever delivered 
because the contract was terminated by the Government of 
Zambia, and that the U.S.$7 million he received from the 
Government of Zambia was for provision of other services -- 
which he refused to specify.   Asked to comment on a 
significant judgment issued against him in the London court 
of arbitration for failing to fulfill that contract, 
Ben-Menashe merely repeated several times that "that was 
because we had no legal counsel present."  Asked whether he 
had signed a contract to provide wheat to Belorussia, 
Ben-Menashe said "no," but did acknowledge, after being 
pressed, that that topic had been discussed.  Bizos asked 
whether CSC had been paid U.S.$300,000 from the government of 
Belorussia, Ben-Menashe answered in the affirmative but 
insisted the payment was for other services provided.  What 
services had he provided for that payment, Bizos asked.  He 
was not at liberty to say, Ben-Menashe replied.  Asked why 
not if it had been for legitimate purposes, Ben-Menashe said 
"sometimes governments don't want such information to become 
public." 
 
4.  (U) Ben-Menashe acknowledged being paid U.S.$262,000 by 
the Merchant Bank in Scotland for delivery of rice to Ghana. 
Asked whether that rice had ever been delivered, Ben-Menashe 
claimed that it was immediately returned when the deal "went 
sour."   Asked how long he had kept that money before 
returning it, Ben-Menashe claimed not to remember.  Bizos 
inquired whether the bank in Scotland had instituted legal 
proceedings against CSC to reclaim its money.  Yes, 
Ben-Menashe replied, but that had been "a mistake." 
MDC-Dickens & Madson contract 
----------------------------- 
5. (U) Bizos also focused on the contract signed between 
Ben-Menashe, on behalf of Dickens and Madson, and the MDC, in 
which Dickens and Madson undertook to strengthen the MDC's 
international linkages and improve the party's international 
image.   Ben-Menashe insisted that Rupert Johnson -- who 
introduced him to the defendants -- was not a director of 
Dickens and Madson, as indicated on the contract, and said 
the contract had been drawn up by Johnson and presented to 
him.  Why then, Bizos asked, had Ben-Menashe signed a 
contract in which Johnson was listed as a company director? 
Ben-Menashe replied that he hadn't read the contract 
carefully.  Did Ben-Menashe normally sign contracts involving 
large sums of money without reading them?  "Sometimes" was 
the reply.  If Johnson were not an employee of Dickens and 
Madson, Bizos continued, why would he draw up a contract 
promising to put U.S.$20,000 in Dickens and Madson's bank 
acount as an advance payment?  "Why don't you go ask him?" 
Ben-Menashe retorted.    Bizos asked whether  Ben-Menashe had 
claimed to Rupert Johnson that he was "loyal" to the GOZ and 
said that Mugabe was his friend.  ABM acknowledged saying 
only that he knew Mugabe, that he sympathized with the GOZ's 
land reform program, and that he knew a number of senior GOZ 
officials from his previous work in Zimbabwe.  If Ben-Menashe 
was so open about his close relationship to the GOZ, Bizos 
asked, why would the MDC have trusted him to carry out an 
assassination plan against Mugabe?   Ben-Menashe, not 
surprisingly, had no convincing reply. 
 
Garwe's conduct 
--------------- 
 
6.  (C) Ben-Menashe continues to put on quite a show in the 
witness box, screaming at Bizos when asked questions he 
doesn't want to answer, interrupting Garwe, and using 
inappropriate language, including calling Tsvangirai a 
"scumbag."  Garwe appears to be treating him with kid gloves, 
reminding him often -- but meekly -- that he is in a 
courtroom and needs to act appropriately.  Garwe seems 
uncomfortable and unsure of how to proceed on some points -- 
for instance, it was unclear to most observers why he had to 
ajourn for 45 minutes on the first day to determine whether 
diplomats, journalists, members of the general public, and 
MDC officials should be permitted inside.   Bizos asked the 
judge to order Ben-Menashe to answer the question regarding 
what services he had provided to the GOZ for the U.S.$400,000 
payment.  Garwe said he could order Ben-Menashe to do so but 
threw up his hands and asked what he could he do if the 
witness refused to comply, an appalling answer for a judge 
who is supposed to have absolute authority in the courtroom. 
On the positive side, Ben-Menashe was not permitted to depart 
as he had hoped the evening of February 7 and it seems as 
though the defense will not be preempted from conducting a 
comprehensive cross-examination. 
 
Access 
----------- 
 
7.  (U)  It appears as though most interested parties are 
being admitted to the courtroom to witness the trial. 
Diplomats and independent journalists are present for every 
session, and members of the general public are now being 
granted access.  A number of seats continue to be filled by 
members of the security services. 
 
Comment 
-------------- 
 
8.  (C)  Ben-Menashe has been the state's worst enemy, and no 
informed observers -- particularly those privileged enough to 
witness his behavior in court -- believe that Tsvangirai and 
his co-defendants approached him to arrange Mugabe's 
assassination.  Now that the state's case seems to be falling 
apart, it will be interesting to see whether other prominent 
names on the state's witness list -- including Air Force 
Commander Perence Shiri -- will be willing to sully their 
names by appearing on the stand in support of these obviously 
manufactured charges.  Given that the defense has not yet 
completed its cross-examination of the state's first witness, 
this trial could continue for many more weeks. 
 
 
 
SULLIVAN