JOURNALIST'S TRIAL POSTPONED

UNCLAS HARARE 001568

SIPDIS

DEPT FOR AF/PD, AF/S , AF/RA
NSC FOR JENDAYI FRAZER
LONDON FOR GURNEY
PARIS FOR NEARY
NAIROBI FOR PFLAUMER

E.O. 12958: N/A
TAGS: PREL PHUM KPAO ZI
SUBJECT: JOURNALIST'S TRIAL POSTPONED



1. The trial of "Daily News" reporter Lloyd Mudiwa
has been postponed. Mudiwa was charged on April 30
with "publishing falsehoods" because of his report
about a woman supposedly beheaded by ruling party
supporters. That story has since been disproved. On
June 20 Mudiwa presented himself to the Harare
Magistrates' Court as ordered, but was told to return
on July 22.


2. According to "Daily News" Assistant Editor Bill
Saidi, the trial was postponed because the government
decided to charge "Daily News" editor-in-chief Geoff
Nyarota and reporter Collin Chiwanza with the same
offense and try all three journalists at the same
time. The government, apparently, needs additional
time to draw up the charges against Nyarota and
Chiwanza.


3. Developing charges against Chiwanza may involve
some interesting legal contortions. He and Mudiwa
were arrested together on April 30 and spent two
nights in jail, joined by Amcit journalist Andrew
Meldrum on May 1. Harare magistrate Lillian Kudya,
however, withdrew the charges against Chiwanza on May
7, stating that he "did not contribute to the initial
false publication." In a society in which rule of law
prevailed, charging Chiwanza with the same offense for
a second time would likely be seen as double jeopardy.

SULLIVAN