US embassy cable - 03HARARE1123

S E C R E T HARARE 001123 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
BANGKOK FOR WIN DAYTON 
DS/OP/AF 
 
E.O. 12958: DECL: 12/31/2013 
TAGS: PGOV, PHUM, PINR, ASEC, ZI 
SUBJECT: STATE TO PRODUCE SURPRISE WITNESS, JUDGE MAKES 
DIPLOMATIC RULING - TSVANGIRAI TREASON TRIAL WEEK ELEVEN 
 
REF: A. HARARE 1024 
     B. HARARE 946 
     C. HARARE 568 
     D. HARARE 484 
     E. HARARE 360 
     F. HARARE 313 
     G. HARARE 250 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary: 
-------- 
 
1. (S) Although the Tsvangirai treason trial was brief during 
the week of May 27 - 30, possibly in anticipation of the MDC 
planned mass action, on May 29, the Deputy Canadian High 
Commissioner informed us that according to Ottawa 
intelligence sources, the prosecution intended to introduce 
"Edward Simms" as a surprise witness in the coming days. 
Simms attended the Montreal meeting; the State alleges he is 
a CIA agent but has kept other details of his identity 
secret.  Bringing him forward now suggests the State is more 
 
SIPDIS 
desperate to prove its case.  Justice Paddington Garwe ruled 
that Brigadier Bonyongwe could not be compelled to answer 
questions on the operations of the CIO, but should answer 
questions on his role in the destruction of the payment 
vouchers.  End Summary. 
 
Surprise State Witness? 
----------------------- 
 
2. (S) On May 29, the Deputy Canadian High Commissioner 
informed us that according to Ottawa intelligence sources, 
the prosecution intended to introduce a surprise witness this 
week, and Ottawa suspected the witness to be the heretofore 
not-clearly-identified "Edward Simms".  (Note:  According to 
the State's star witness Ari Ben Menashe, the leader of the 
Montreal meeting depicted on the video tape is "Edward 
Simms", an employee of the CIA.  The defense has published an 
artist's rendering of "Simms" based on the grainy video in an 
attempt to identify him.  End Note.)  By June 2, however, the 
State had not produced Simms.  (It is also possible that the 
State intends another "surprise" unrelated to Simms to 
bolster its case.) 
 
Judge Issues Diplomatic Ruling 
------------------------------ 
 
3. (U) Also on May 29, Justice Paddington Garwe ruled that 
the certificate issued by Nicholas Goche, Minister of State 
Security - claiming that information on the operations of the 
Central Intelligence Organization was privileged - was valid 
(Ref A).  Garwe did note, however, that the certificate could 
not exempt Brigadier Bonyongwe from answering questions on 
his role in the destruction of the payment vouchers.  Garwe 
did not think that the questions Advocate Bizos asked 
Bonyongwe regarding the vouchers would reveal the operations 
of the CIO. 
 
4. (C) According to defense attorney Innocent Chagonda, 
although Garwe had given the defense team permission to ask 
Bonyongwe about the vouchers, some of the questions they 
wanted to ask about the payments did pertain to the 
operations of the CIO.  Chagonda believed it would still be 
difficult to ask Bonyongwe questions about the vouchers. 
 
Comment: 
-------- 
 
5. (S) The CIA has confirmed that Simms is not an employee. 
As such his bona fides are questionable, and it is unclear 
what value to the State he would be as a witness.  We presume 
his arrival was delayed and he still may come in the coming 
days.  It would appear the State was reluctant to bring him 
forward, or he personally did not want to come forward 
previously.  Either way, that he now may appear suggests the 
State is taking more desperate measures to prove its case. 
Garwe appears to have made a diplomatic decision on the 
certificate issued by Minister Goche to appease both parties 
- he upheld it, but also stated that the defense could 
proceed with their questioning.  End Comment. 
SULLIVAN