US embassy cable - 03HARARE1024

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001024 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
 
E.O. 12958: DECL: 12/31/2013 
TAGS: PGOV, PHUM, ZI 
SUBJECT: POLICE SEIZE DEFENSE DOCUMENTS, STATE SUPPRESSES 
EVIDENCE IN THE TSVANGIRAI TREASON TRIAL WEEK TEN 
 
REF: A. HARARE 946 
 
     B. HARARE 568 
     C. HARARE 484 
     D. HARARE 360 
     E. HARARE 313 
     F. HARARE 250 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary: 
-------- 
 
1. (C) In the tenth week of the treason trial of MDC 
President Morgan Tsvangirai, police officers seized a draft 
copy of Tsvangirai,s opening testimony from an MDC messenger 
sent to deliver it to Tsvangirai.  The State presented a 
certificate signed by the Minister of State and National 
Security Nicholas Goche, exempting the head of the Central 
Intelligence Organization, retired Brigadier Happyton 
Bonyongwe from answering questions on payments made to Ari 
Ben Menashe.  Irregularities such as these may in the end aid 
the defense in its application for dismissal.  End Summary. 
 
Police Seize Defense Documents 
------------------------------ 
 
2. (U) The treason trial of MDC President Morgan Tsvangirai, 
MDC Secretary General Welshman Ncube, and MDC Shadow Minister 
of Agriculture Renson Gasela continued into its tenth week on 
May 19.  On that day police officers at the High Court 
entrance seized a draft copy of Tsvangirai,s opening 
testimony from an MDC messenger who was delivering the 
document to Tsvangirai from the defense lawyers' offices.  It 
was returned after defense attorneys intervened, but the 
defense team believes the police made a copy, which if true, 
they fear would severely damage their case.  The defense team 
filed a complaint with the Deputy Attorney General. 
 
CIO Witness Reveals Lies 
------------------------ 
 
3. (U) Only one witness took the stand this week, the head of 
the Central Intelligence Organization, retired Brigadier 
Happyton Bonyongwe.  Bonyongwe admitted that he did not hear 
Morgan Tsvangirai say he wanted to kill, murder or 
assassinate Mugabe.  He also stated that Ben Menashe lied in 
a press article concerning the content of the audiotape. 
Despite this, Bonyongwe said he believed Menashe,s account 
because of undisclosed information his office received from 
other unidentified sources. 
 
State Suppresses Evidence 
------------------------- 
 
4. (U) On May 21, defense attorney George Bizos asked 
Bonyongwe to produce vouchers, which Bonyongwe's office used 
to pay Menashe.  During cross-examination, Ari Ben Menashe 
had said the Central Intelligence Organization had destroyed 
vouchers that provided proof of payments the GOZ had made to 
him.  Bonyongwe confirmed that the vouchers had been 
destroyed.  Bizos asked Bonyongwe, who had made the decision 
to destroy the vouchers, whether or not he had been party to 
the destruction.  Bonyongwe refused to answer. 
 
5. (U) On May 22, the prosecution produced a certificate 
signed by Minister of State and National Security, Nicholas 
Goche saying that it would not be appropriate for Bonyongwe 
to answer questions about the vouchers for reasons of 
national security.  The prosecution argued that that 
information was privileged and told Garwe that Bonyongwe had 
prepared an affidavit stating reasons why this information 
should not be divulged in open court or in camera. 
 
6. (U) Bizos argued the information was of public interest 
and had already been referred to previously in the trial. 
Bizos said that Garwe could not make a judgment on 
information, which had not been shown to the defense team. 
Bizos also noted that it was bizarre that the date of 
signature on the certificate was the May 20, yet the 
questions had only been posed to Bonyongwe on the May 21. 
The Deputy Attorney General was quick to state that the date 
was a typing error.  Justice Garwe said he would reserve 
judgment until May 28. 
 
7. (U) Attendance in court this week was very low. 
 
Comment: 
-------- 
 
8. (C) Continued irregularities like the theft of the 
Tsvangirai's draft testimony, and the intervention by 
 
SIPDIS 
Minister Goche to suppress evidence point to the difficulties 
the defense faces in simply airing relevant evidence, and 
preparing their clients for upcoming phases of the trial. 
These irregularities are likely to be a double-edged sword 
for the GOZ - their flagrance bolsters the defense argument 
that the trial is unfair.  We still expect the defense team 
to move for dismissal in the coming weeks.  End Comment. 
WHITEHEAD