US embassy cable - 03HARARE1256

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001256 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIRBOI FOR T. PFLAUMER 
DS/OP/AF 
 
E.O. 12958: DECL: 06/20/2008 
TAGS: PGOV, PHUM, PINR, ZI, MDC 
SUBJECT: TSVANGIRAI FREE ON BAIL;  TREASON TRIAL CONTINUES 
WEEKS TWELVE AND THIRTEEN 
 
Classified By: Political Officer Peggy Blackford for reasons 1.5b/d 
 
Summary 
-------- 
 
1.  (C) After two weeks in prison, MDC President Morgan 
Tsvangirai was today granted bail on fresh treason charges. 
 
SIPDIS 
Bail conditions are high for Zimbabwe but should be doable. 
Tsvangirai's trial on old treason charges resumed this week 
 
SIPDIS 
as well.  Under cross examination Central Intelligence head 
Happyton Bonyongwe confirmed that the GOZ had made 
substantial payments and extended a contract to principal 
government witness, Ari Ben Menashe.  The Justice presiding 
over the trial appeared to come under renewed pressure from 
the GOZ. 
 
Bail Granted 
------------ 
 
2. (SBU)  At the bail hearing held at nine this morning, the 
court granted bail to Tsvangirai on the fresh charges of 
treason which led to his arrest on June 7.  Bail was set at 
Z$10 million (about US$4250), a substantial sum given the 
weakness of the State's case and the fact that no reasonable 
person would believe that someone who did not flee the 
court's jurisdiction while undergoing one trial from treason 
is likely to flee from a new trial.  He will also be required 
to surrender title deeds to at least Z$100 million in 
property as a surety and to refrain from advocating (or 
encouraging other to pursue) the overthrow of the State 
President or the government by violent means.  Tsvangirai's 
attorney told PolOff that the party was furiously running 
around to raise the bail which must be paid in cash, a 
commodity that has been in short supply in Zimbabwe for some 
weeks now.  Assuming the bail is raised, and we are quite 
sure it will be, Tsvangirai should spend the weekend at home. 
 
 
Treason trial 
------------- 
 
3. (SBU) After last week during which proceedings were 
suspended, Tsvangirai's original treason case resumed this 
week with the defense's continued cross-examination of CIO 
chief Bonyongwe.  Bonyongwe revealed that the government 
renewed its contract with political consultant, Ari Ben 
Menashe, one of the principal witnesses against Tsvangirai 
about three weeks before Menashe flew to Harare to testify 
against Tsvangirai.  Ostensibly the purpose of the contract 
was to boost the image of Zimbabwe internationally and to try 
and solicit investment.  The GOZ was allegedly worried about 
Tsvangirai's travels, especially to West Africa, where the 
 
SIPDIS 
government believed that Tsvangirai was sending out the wrong 
message on the land reform program. Pressed by Tsvangirai's 
lead attorney, George Bizos, Bonyongwe admitted that there 
was nothing subversive about Tsvangirai's travel. 
 
4. (U) Bonyongwe also confirmed that the GOZ had paid 
US$10,000 to Ben Menashe's personal assistant, Tara Thomas, 
for injuries received as the result of a bicycle accident in 
Canada  which Ben Menashe attributed to the work of 
opposition Zimbabweans.  This testimony contradicts Thomas's 
own evidence in which she claimed she had not been paid any 
money by the GOZ.  Bizos also attacked the reputation of Ben 
Menashe who is wanted for fraud in Zambia and reputed to have 
been involved in numerous shady deals, but Bonyongwe insisted 
that Ben Menashe had done good work for the GOZ. 
 
5. (C) The court room was not full this week.  Tsvangirai was 
guarded by prison officials while in the witness box and 
rushed away after each session.  Justice Paddington Garwe who 
is presiding over the trial, appeared to be getting impatient 
with advocate Bizos and kept prompting him to move on and not 
repeat questions.  This is a change from previous weeks when 
Garwe, if not overly sympathetic to the defense, did seem to 
be impartial and may reflect additional pressure being 
brought on him by the GOZ. 
 
Comment 
------- 
 
6. (C) Any dispassionate observer would have to conclude that 
the State's original treason case has collapsed.  The payment 
of large amounts to the principal government witness just 
weeks before the trial surely raises serious suspicions of 
conflict of interest or outright bribery while the new 
charges are so insubstantial as to be nothing more than a 
pretext for locking up and humiliating Zimbabwe's leading 
political opponent.  Unfortunately, the GOZ is anything but 
dispassionate.  Nevertheless, granting bail does suggest that 
the government knows that it must ultimately deal with 
Tsvangirai across a bargaining table. 
 
SIPDIS 
SULLIVAN