STEVENSON ATTACK TRIAL COMMENCES

C O N F I D E N T I A L HARARE 000918

SIPDIS

SIPDIS

AF/S FOR H.SERVIN-BAEZ
SENIOR AFRICA DIRECTOR C. COURVILLE

E.O. 12958: DECL: 07/19/2015
TAGS: ASEC PGOV PHUM ZI
SUBJECT: STEVENSON ATTACK TRIAL COMMENCES

REF: A. REF A: HARARE 803 AND PREVIOUS


B. REF B: HARARE 112

Classified By: Ambassador Christopher Dell for reasons 1.5 b/d

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Summary
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1. (C) The trial of six youths accused of assaulting
pro-Senate MDC MP Trudy Stevenson and four other pro-Senate
faction officials resumes on July 20 (ref A). The lawyer for
three of the accused contends that the evidence is
circumstantial and that only one of the victims was able to
identify the alleged attackers. Legal contacts tell us that
the magistrate assigned to the case has a history of slanting
rulings in the GOZ's favor. Separately, anti-Senate MDC MP
Timothy Mubawu was arrested on July 10 for allegedly ordering
the attack. Meanwhile, the independent commission of inquiry
established by the anti-Senate faction has interviewed
Stevenson and another victim, but has been otherwise rejected
by the pro-Senate faction. End Summary.

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Attackers' Trial Opens With Suspect Judge Presiding
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2. (C) Three alleged attackers appeared in court on July 12,
but Magistrate William Bhila quickly granted a postponement
until July 20 so that prosecutors could also try three
additional suspects who had been arrested earlier that day.
Defense attorney Douglas Mwonzora told post on July 14 that
the state's case against the initial three suspects was weak
and circumstantial and that his clients maintained their
innocence. Only one of the victims was able to identify the
suspects, despite the fact that several of the other victims
where active in Mabvuku constituency. Meanwhile, a seventh
alleged attacker was arrested on July 17, but it is unclear
if he will also stand trial on July 20.


3. (C) Bhila denied bail for the initial three suspects
after the prosecution said they were likely to abscond, but
contrary to common practice he did not state his reasons for
refusing bail. Bhila also refused to provide Mwonzora a
written copy, so that an appeal could be launched. In fact,
an Embassy local staff member present in the courtroom did
not observe Bhila writing anything during the short
proceedings. Zimbabwe Lawyer for Human Rights lawyer Otto
Saki had earlier told post that Bhila, whom he said was also
presiding over the Voice of the People trial (ref B),was
likely to manipulate verdicts in the GOZ's favor. Bhila was
not a trained lawyer and owed his position to political
connections, rather than his qualifications.

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Anti-Senate MDC MP Accused Of Masterminding Attack
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4. (C) In addition to the six charged with committing the
assault, police on July 10 arrested anti-Senate MDC MP for
Mabvuku-Tafara Timothy Mubawu and another anti-Senate MDC
official in the district. Defense attorney Alec Muchadehama
told post on July 18 that the two were charged with
"participating in a gathering with intent to provoke public
violence" for allegedly organizing a meeting the morning of
the attack during which they told the youths that Mabvuku was
a "no-go zone" for the opposing MDC faction and paid them
Z$20 million (or less than US$45 at the parallel rate) to
carry out the attack. However, Muchadehame said the only
witness the state claimed had seen the payment had
disappeared, seriously undermining the prosecution,s case.
Mubawu remains in jail and the High Court on July 20 will
hear his appeal for bail.

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Commission Queries Victims, Despite Pro-Senate Rejection
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5. (C) Happias Zhou, one of the lawyers assigned to the
anti-Senate MDC's investigation commission, on July 19 told
post that the commission was making good progress and hoped
to issue its final report before July 31. Zhou said the
prosecutor had provided some court documents that the group
had requested and commission members had visited the scene of
the attack to interview people living in the neighborhood.
The commission had also interviewed Stevenson and one other
victim but had encountered reluctance from the others.


6. (C) In that regard, pro-Senate MDC Vice President Gibson
Sibanda on July 17 issued a statement dismissing the
commission and rejecting the faction's formal participation
in it. Faction members were, however, free to participate in
their private capacity. Justifying the decision, Sibanda
stated that the anti-Senate faction had created the
commission without first consulting the pro-Senate leadership
and that there was no agreement on the terms of reference or
how the commission findings would be dealt with.

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Comment
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7. (C) It appears unlikely that the courts will get at the
truth of this matter, as the government predictably appears
set on using them to further its efforts to brand Tsvangirai
and his faction as the instigators of political violence in
Zimbabwe. Tsvangirai himself has not denied the possibility
that some of his supporters may have been involved (though he
claims without his or anyone else in the leadership,s
approval) and he has firmly and publicly urged his supporters
to avoid succumbing to the temptation of violence. Moreover,
after appearing to be caught off guard when the story broke,
Tsvangirai moved decisively, establishing an investigative

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commission, which is widely seen as independent and credible
and is almost certainly the best hope for the truth. He has
also been forthright in stating that if any of his faction
are involved they must be expelled from the party, although
it remains to be seen whether Tsvangirai will take decisive
action, if warranted, following the commission,s report.


8. (C) Absent any conclusive evidence of responsibility one
way or the other, we are left to apply the old legal
principle of &qui bono.8 Clearly first ZANU-PF and then
the pro-senate MDC faction have the most to gain. While the
government has been predictably gleeful over this incident,
the most disappointing performance has come from the
Mutambara faction. In its eagerness to score short-term
points off Tsvangirai, particularly with the international
community, it has made itself complicit in the government,s
efforts to paint the MDC rather than ZANU-PF as the source of
the violence that has permeated Zimbabwean politics since the
2000 parliamentary elections. Even Trudy Stevenson, the best
known of the victims, has in private told us she thinks her
faction has overplayed its hand. In the long run, this hurts
the whole of the democratic opposition and the only real
winner is ZANU-PF.
DELL