RETIRED HIGH COURT JUDGE FERGUS BLACKIE ACQUITTED

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: -------------- ¶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: -------------- ¶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