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