GOZ IDENTIFIES SHOOTER IN GILMAN CASE

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 002715

SIPDIS

NSC FOR SENIOR AFRICA DIRECTOR J. FRAZER
LONDON FOR C. GURNEY
PARIS FOR C. NEARY
NAIROBI FOR T. PFLAUMER
AF A/S KANSTEINER AND PDAS BELLAMY
AF/S FOR DIRECTOR DELISI AND DESKOFF RAYNOR
OPERATIONS CENTER
STATE FOR CA/OCS/ACS/AF RON HAWKINS
DS/AF/OP
DS/ICI/PII
DS/DSS/ITA

E.O. 12958: DECL: 01/01/2012
TAGS: PGOV PHUM PREL CASC ASEC
SUBJECT: GOZ IDENTIFIES SHOOTER IN GILMAN CASE

REF: A. HARARE 2676

B. HARARE 2628

C. HARARE 2495

D. HARARE 2487

E. HARARE 2473

F. HARARE 2471

G. POLICE REPORT FAXED TO CA/OCS AND AF/S

Classified By: Political Officer Audu Besmer for reasons 1.5 b/d

Summary
--------------

1. (C) In the police report, handed to the Ambassador by the
MFA (Ref C),the police identified the shooter. For the most
part, the report is consistent with A/RSO's observations and
investigations in Mutare in the days following the Gilman
murder. RSO learned that police inquiries have been opened
against the shooter, and against the deceased. Howard
Gilman, the deceased's brother, is considering an Inquest if
a Magistrate closes his brother's case before trial. It
appears the GOZ will continue to advance the allegation that
Gilman drove at roadblock officials--a claim which cannot be
independently corroborated due to a lack of eyewitnesses
other than the security officers involved. Nonetheless we
will continue to pursue all possible leads, and press the GOZ
against the use of lethal force in such situations. End
Summary.


2. (U) On November 21, the Embassy received a copy of the
police report concerning the death of Amcit Richard Gilman at
a roadblock near Mutare on November 11. For the most part,
the report, the full text of which is included below, is
consistent with A/RSO's investigation and observation of
Gilman's vehicle, and the autopsy results. However, the
reported time is approximately fifteen minutes off what
police initially reported to A/RSO in Mutare. And, as
reported in Ref C, the deceased's brother said Richard
returned to the house for his passport and not vehicle
papers, which he said were in possession of police at the
roadblock. Conoff forwarded the report to CA/OCS and AF/S on
November 22.


3. (U) RSO's office spoke with police in Mutare again on
November 26, and they confirmed that they had opened a Sudden
Death Docket (SDD) against the shooter, and an Attempted
Murder Docket against the deceased. (Note: The Sudden Death
Docket is not a criminal inquiry, the Attempted Murder Docket
is. End Note.) These are police inquiries into the
incidents. Once completed, these will be forwarded to a
Magistrate who will determine whether the SDD case should be
taken to trial by opening a Murder Docket (serious charge),
or a Culpable Homicide Docket (lesser charge than murder).
The Magistrate may also decide to simply close the police
Sudden Death Docket, and therefor the case. With the
Attempted Murder Docket against the deceased, the Magistrate
will determine, via witnesses, whether the deceased attempted
to kill or harm roadblock officials. On November 26, RSO's
office also spoke with the deceased's brother, Howard Gilman,
who said he had retained a lawyer and was considering an
Inquest into his brother's death if the Magistrate closed the
case without trial. In an Inquest, the lawyer would be able
to cross-examine witnesses in a hearing at the Magistrate's
court concerning the events. To the best of our knowledge,
security officers at the roadblock comprise the only
first-hand witnesses.


4. (U) In a November 13 meeting with Foreign Minister,
Stanislous Mudenge, the Ambassador expressed the US
Government's strong desire for a full investigation, objected
to roadblock authorities using lethal force in a dispute over
vehicle documentation, and stressed the need for
clarification of procedures being used at roadblocks to avoid
future incidents (Ref D). GOZ officials identified the
shooter in the following police report. Authorities in
Mutare, during A/RSO's investigation immediately after the
shooting, declined to name any of the six officers present.

Comment
--------------

5. (C) In the absence of independent witnesses on the scene
at the time of the shooting, it will be difficult to divine
exactly what happened on that evening. We anticipate that
the GOZ will continue to forward the allegation that Gilman
drove at roadblock officials--a claim for which we have no
first-hand counter evidence. Nonetheless, we will continue
to press the GOZ for a fair and full review of the case. We
will also stress our concern about the potential future use
of lethal force in such situations. End Comment.

6. (U) Following is the full text of the police report:
UPDATE SUMMARY: SHOOTING INCIDENT: RICHARD GILMAN: 11
NOVEMBER 2002

On Monday 11 November 2002, a border patrol team based at
C.M.E.D. Mutare along Vumba Road conducted a roadblock in the
afternoon. The purpose of the block was to search for
smuggled goods and general vehicle checks.

Two police officers and four members of the Zimbabwe National
Army were manning the roadblock. The four Zimbabwe National
Army members were armed with AK rifles and acted as stop
groups. The team was part of the provincial border special
operations task force.

Their purpose was to monitor and arrest border jumpers and
contrabands illegally crossing the border into and from
Zimbabwe. They also monitored issues of security interest.
The team commander was Sergeant Machingauta of Police Mutare
Rural.

At the roadblock there were no roadblock equipment but all
officers were in uniform with the two police officers putting
on traffic sleeves. At around 1600 hours the deceased,
Richard Gilman approached the roadblock driving a vehicle
with foreign number plates, MHV 655 GP (South Africa)

He was travelling from Vumba towards town. He stopped and was
briefed of the purpose of the roadblock. He was asked to
identify himself and he produced his American passport. He
was then asked to produce papers relating to the vehicle but
he had none.

The team took possession of his documents and told him to
drive into town to collect the vehicle documents, i.e.
insurance and permit papers which he alleged had left at
Number 5 Glade Flat some four kilometres away.

He returned around 1625 hours and only produced the Temporary
Import Permit (T.I.P.),which the team noted had expired on
the 28 October 2002. They demanded for the vehicle insurance
which he could not produce. He also could not explain why he
was producing an expired Temporary Issue Permit which was
date stamped 4 November 1998 (normally a T.I.P. is for 30
days). The team having noted the above irregularities then
advised the deceased that they were going to take his vehicle
to customs for clearance.

The deceased became hostile and uncooperative with the team.
He started to close his windows and took off at a high speed.
He drove towards the two officers who were in front of his
car who jumped off the road for safety.

Having noticed that the deceased was driving away and had
nearly knocked down the two officers, Private SHERENI number
807687 V of the Zimbabwe National Army who was on the side of
the road fired towards the vehicle. Two bullet holes were
noted on the vehicle. One hit the left rear wheel and went
through to hit the left rear and front doors.

The second bullet went through the rear number plate
perforating through the middle of the rear seat to the
driver's seat just below the headrest and possibly hitting
the driver. The bullet was found stuck on the windscreen just
above the dashboard on the extreme right. The vehicle then
stopped and officers rushed to the scene. They discovered
that the deceased had been injured and they immediately
summoned for an ambulance. (One of the members used his cell
phone).

The shooting took place at 1630 hours as per report from the
team.

The ambulance arrived at 1645 as per ambulance driver's
record. He left the scene at 1650 hours arriving at the
Seventh Avenue Surgical Unit (SASU) at 1715 hours, as per
hospital records. The ambulance blamed his delay to none
availability of a siren. He passed away at 2000 hours in the
hospital.
Soon after the evacuation of the deceased from the scene,
Sergeant Machinguta checked for valuables from his car and
recovered $150 000.00 (Zimbabwean currency and R220) (Rands)
in envelopes in the dashboard pocket.

Addresses found on him were as follows:

Passport Number 153964494 (American)
Number 31 Westledge Drive
Torington
CT - USA

Number 5 Green Glade Flat
Hardy Crescent
Murambi - Mutare

Registered owner of vehicle:

Number MHV 655 GP
Toyota Corolla - white
Tony's Car Hire
Number 33 Stagemann Avenue
Terenure - Campton Park
South Africa

His business card address:

African Child's Fund in Zimbabwe with his U.S.A. address
given above,

Same was staying with his brother Howard Gilman at Number 5
Green Glade Flat. Information from his brother is that he was
in Zimbabwe to carry out charity business in schools. He gave
out that he had arrived two weeks ago and this was his third
time to visit Zimbabwe.

He indicated that Gilman had interest in children and had
donated some books worth $2 million to Chishakwe School in
Mutare. He is also said to have sponsored food to Bvumbunu
School in Mutasa District and was working on electrification
of the school. He is reported to have used about $8 million.
(This information is not yet verified).

The two AK bullet spent cartridges and one bullet bead were
recovered. Mutare Central had opened an Attempted Murder
docket against the deceased for trying to run over the
officers. The deceased had a temporary South African resident
permit expiring on 22 January 2003.

The body has been referred to Harare Hospital for postmortem

Z R Police General Headquarters

14 November 2002
SULLIVAN