US embassy cable - 03HARARE1330

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 001330 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER 
LONDON FOR C. GURNEY 
PARIS FOR C. NEARY 
NAIROBI FOR T. PFLAUMER 
BANGKOK FOR WIN DAYTON 
 
E.O. 12958: DECL: 12/31/2013 
TAGS: PGOV, PHUM, PINR, ZI 
SUBJECT: RETIRED HIGH COURT JUDGE FERGUS BLACKIE ACQUITTED 
 
Classified By: Political Officer Audu Besmer for reasons 1.5 b/d 
 
Summary: 
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1. (C) In a ten-minute Magistrate's court session on June 30, 
the state prosecutor Mrs. Ziyambi withdrew the state's case 
against retired Judge Fergus Blackie.  Blackie was arrested 
on September 13, 2002 and accused of handing down a judgment 
without consulting a fellow judge who also heard the case. 
This occurred soon after Blackie had sentenced Minister of 
Justice Patrick Chinamasa to a three-month jail term for 
contempt of court.  While Blackie's acquittal may have been a 
small victory for the rule of law in Zimbabwe, and Blackie 
himself, we have no reason to doubt that the GOZ will 
continue to use the courts to put pressure on its opponents. 
End Summary. 
 
Acquitted 
--------- 
 
2. (C) In a ten-minute Magistrate's court session on June 30, 
the state prosecutor Mrs. Ziyambi withdrew the state's case 
against Justice Fergus Blackie.  Mrs. Ziyambi did not state 
reasons for her withdrawal, but mentioned that she had gone 
through the documents and made recommendations to the 
Attorney General (AG) and the Director of Public Prosecutions 
that the case should not proceed.  Mrs. Ziyambi told the 
court that the Attorney General or the Director might proceed 
with the case in the future if they saw fit.  The prosecutor 
had intimated privately to defense attorney Firoz Girach in 
discussions leading up to the trial, that she did not have 
enough evidence to go forward.  Defense attorneys also said 
that the State's star witness, court secretary Cherith 
Catherine Keen had made a written statement to police that 
she took responsibility for the administrative error that 
lead to the charges against Judge Blackie. 
 
3. (C) Advocate de Bourbon commended Mrs. Ziyambi for the 
principled stand she took, and said he hoped the Attorney 
General and Director would follow suit.  He stated that the 
decision by the state to withdraw its case was well overdue, 
and was undoubtedly the correct decision.  Defense attorneys 
said privately they were confident the Attorney General and 
Director would not summon Blackie for trial due to 
insufficient evidence. 
 
4. (U) Justice Blackie was arrested on September 13, 2002, 
just after he retired, on allegations of defeating the course 
of justice or alternatively violating the prevention of 
Corruption act.  Blackie was accused of handing down a 
judgment without consulting a fellow judge who also heard the 
case.  Blackie's judgment nullified a previous judgment 
against Tara White.  The official press alleged that Blackie 
was having an affair with the defendant Tara White. 
 
Retribution ? 
------------- 
 
5. (C) The defense was prepared to argue that Blackie was 
arrested soon after sentencing Minister of Justice Patrick 
Chinamasa to a three-month jail term for contempt of court. 
Chinamasa had publicly criticized a ruling by another High 
Court judge, an offense punishable under Zimbabwean law. 
Though Blackie was arrested in September 2002, the defense 
said court documents indicated the police investigation of 
the charges did not start until October 2002.  Though the 
Attorney General could have simply reversed Blackie's ruling 
in the Tara White case, rather than arresting and humiliating 
Blackie, the AG had not done that. 
 
6. (U) Tara White was also arrested in September; that case 
is technically still pending, however the state has not 
pursued a trial date. 
 
7. (C) After the proceedings, the prosecutor said privately 
she done her time, and had had enough of this system and was 
looking to transfer into the private or non-profit sector. 
 
8. (U) American Federal Judge Bernice B. Donald was in Harare 
representing the American Bar Association to meet with the 
prosecution, defense, and law society representatives, and to 
report back to the ABA on the rule of law in Zimbabwe. 
 
Comment: 
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9. (C) The fact that the state has withdrawn its case against 
Blackie, has not pursued its case against Tara White, and has 
not overturned the ruling Blackie made in the White case 
serves to confirm that Judge Blackie was arrested for 
political reasons - in retribution for the ruling he made 
against Chinamasa, and to humiliate him.  Other prosecutors 
we have spoken to comment on the pressure they are under to 
pursue convictions in such cases.  Many have left the 
profession, or are contemplating career changes.  While this 
may have been a small victory for the rule of law in 
Zimbabwe, and Blackie himself, we have no reason to doubt 
that the GOZ will continue to use the courts to put pressure 
on its opponents.  End Comment. 
SULLIVAN