US embassy cable - 03HARARE360

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 000360 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
 
E.O. 12958: DECL: 02/20/2013 
TAGS: PGOV, PHUM, ZI 
SUBJECT: TSVANGIRAI TRIAL: BEN-MENASHE CROSS-EXAMINATION 
CONTINUES 
 
REF: A. HARARE 313 
     B. HARARE 259 
 
Classified By: POLITICAL OFFICER KIMBERLY JEMISON FOR REASONS 1.5 (B) A 
ND (D). 
 
 Summary.  1.  (C) The treason trial of Movement for 
Democratic Change (MDC) officials Morgan Tsvangirai, Welshman 
Ncube, and Renson Gasela entered its fourteenth day on 
February 20.  Since February 12, defense counsel has 
continued its intensive cross-examination of the state's star 
witness, Ari Ben-Menashe.  Lead defense attorney George Bizos 
tried to discredit Ben-Menashe by highlighting the 
inconsistencies in his testimony about his U.S. contacts, 
financial transactions between Dickens & Madson (DM) and the 
Government of Zimbabwe (GOZ), details of the second and third 
meetings with the defendants, and the legitimacy of DM. 
Presiding Judge Paddington Garwe has tried to assert his 
authority more by cutting short Ben-Menashe,s tirades and 
ordering him to listen to and answer Bizos,s questions 
succinctly.  Nonetheless, Ben-Menashe has continued to engage 
in outrageous behavior in court, dismissing questions he did 
not want to answer and using inappropriate language.  End 
Summary. 
 
Financial Transactions 
---------------------- 
 
2. (U) Bizos resumed his cross-examination on the afternoon 
of February 12, after the issue of the contract with the 
Government of Zimbabwe was resolved that same morning (see 
reftel).  Bizos began by asking Ben-Menashe whether he had 
received payment for the videotape of the third meeting, a 
charge Ben-Menashe vehemently denied, claiming he never 
received money "personally".  Ben-Menashe maintained that he 
passed on the money to the people who were in charge of 
creating the videotape.  Bizos also asked if Ben-Menashe had 
received money from the GOZ before signing the January 10, 
2002 contract.  Ben-Menashe maintained that he had had no 
contact with the GOZ prior to the contract. 
 
3.  (U) On February 19, Bizos revisited the issue of payment 
when he asked Ben-Menashe about several documents (financial 
account statements, contracts, and certificate of 
registration) the defense asked him to produce for the court. 
 Ben-Menashe had none of the documents, claiming that some of 
the finacial account information, which might have shown 
financial transactions between DM and the GOZ, had been 
destroyed.  He also claimed he could not get some of the 
requested bank information because of pending lawsuits 
against DM by the MDC and an Australian company. 
 
Discrediting Ben-Menashe and Dickens & Madson 
--------------------------------------------- 
 
4.  (U) Throughout the week, Bizos chipped away at 
Ben-Menashe,s credibility.  On February 13, Bizos attempted 
to introduce evidence that would attest to Ben-Menashe,s 
soiled reputation and lack of credibility.  The evidence was 
a list of documents from press sources and a former employee. 
 The prosecutor tried to get the court to limit challenges to 
Ben-Menashe,s credibility.  The judge entertained arguments 
from both sides as to the various pieces of evidence 
submitted by the defense and called for a recess about one 
hour into the hearing.  Court reconvened after lunch and the 
documents were not entered into evidence. 
 
5. (U) On February 19, Bizos began his attack of DM by asking 
for copies of the certificates of registration and 
questioning Ben-Menashe about the principal officers in the 
company.  Ben-Menashe told Bizos that he would not provide 
documents that are available in the public domain.  Bizos 
informed Ben-Menashe that the defense could not find the 
certificates.  Bizos said he had reason to believe DM was not 
registered.  Bizos asked the judge to invoke a section of the 
Crimanl Procedure and Evidence Act that gives the judge power 
to commit a witness to prison for failing to answer questions 
or failing/refusing to produce documents without a just 
excuse.  Bizos has said that if the certificate of 
registration, financial account statements, and a list of 
employees were not produced, then the defense would oppose 
Ben-Menashe's requests to leave the country prior to 
completion of his testimony. 
 
6.  (U) Bizos,s next line of questioning concerned the 
principal officers in DM.  According to Ben-Menashe, there 
are only four high-level people in the company: Alexander 
Legault as shareholder and financial officer, David Sullivan 
as accountant, Ben-Menashe as shareholder, and Francis Lang 
as director.  When asked to explain the day-to-day activities 
of the person in the directorship position, Ben-Menashe could 
not provide an answer. 
U.S. Contacts 
------------- 
7.  (U) During the afternoon session on February 13, Bizos 
began to question Ben-Menashe about his contacts in the US 
Government and about the various meetings with the MDC. 
Ben-Menashe first claimed to know a high-level person in the 
State Department but refused to name the person.  Later he 
denied knowing anyone in the State Department, claiming he 
only knew a high-level U.S. government official.  Bizos 
resumed this line of questioning during the February 14 
afternoon session but Ben-Menashe avoided answering the 
questions.  Ben-Menashe maintained that Tsvangirai claimed to 
have contacted and won the support of the U.S. Government and 
the CIA in the coup plot.  Bizos asked Ben Menashe that if 
Tsvangirai had already contacted the U.S. and taken other 
 
SIPDIS 
preparatory steps, then contracting DM was unnecessary. 
Ben-Menashe had no comment. 
 
 
The Second and Third Meetings 
----------------------------- 
8.  (U) On February 18, Bizos focused on a fifteen-page typed 
transcript of the audio recording of the second meeting 
between Tsvangirai and Ben-Menashe in London, prepared by DM 
employee Tara Thomas, who was in attendance.  To 90 percent 
of Bizos,s questions, Ben-Menashe responded that he did not 
remember if the cited text was said.  Perhaps embarrassed by 
the fact that Tsvangirai not once discussed Mugabe's 
assassination in the transcript, Ben-Menashe discredited 
Thomas,s transcript, saying she picked out words here and 
there but that the tape was inaudible and the transcript did 
not reflect the totality of the meeting.  (NOTE: On February 
13, Ben-Menashe claimed he could not remember whom in the GOZ 
he had given the audiotape to nor could he remember who had 
transcribed the tape. END NOTE.) 
 
9.  (U) On February 20, Bizos again asked Ben-Menashe 
questions about the third, infamous meeting in Montreal.  In 
response to Bizos's questions, Ben-Menashe's standard answer 
was that he did not remember.  When asked if the purpose of 
the third meeting was to furnish evidence of a planned coup 
d'etat, Ben-Menashe responded in the affirmative.  On 
February 13, Ben-Menashe maintained that he was never 
interested in having the MDC as a client and that he only met 
with them because he wanted to report the plot to the 
appropriate authorities in the U.S., Canada, and Zimbabwe. 
 
Ben-Menashe, Garwe, and Bizos's Conduct 
--------------------------------------- 
 
10.  (C) Ben-Menashe continues to act outrageously in the 
witness box, regularly denigrating Bizos when asked questions 
he doesn't want to answer, interrupting Garwe and Bizos, and 
demonstrating a short fuse. Garwe appears to be getting tired 
of Ben-Menashe,s antics and has begun directing him to 
answer questions directly and precisely.  Garwe even shook 
his head after he had to stop Ben-Menashe in the middle of a 
tirade to ask him to answer the question, to which 
Ben-Menashe asked, "What was the question?" 
 
11.  (C) Bizos is also playing to the court.  He frequently 
turns towards the journalists when Ben-Menashe goes off on a 
tangent and he has turned towards his clients and smiled when 
Ben-Menashe gets unnerved.  Garwe cautioned Bizos against 
unnecessarily provoking Ben-Menashe. 
 
Access 
------ 
12.  (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 still being 
granted access.  The standing room only crowds have dwindled 
somewhat, and there are a few empty seats at each session. 
SULLIVAN