MINISTER OF JUSTICE DEFENDS CASE AGAINST VICE

C O N F I D E N T I A L LILONGWE 000401

SIPDIS

SIPDIS

STATE FOR AF/S GABRIELLE MALLORY
STATE FOR INR/AA

E.O. 12958: DECL: 05/10/2011
TAGS: PGOV KDEM MI
SUBJECT: MINISTER OF JUSTICE DEFENDS CASE AGAINST VICE
PRESIDENT

REF: A. 06LILONGWE376


B. 06LILONGWE365

C. 05LILONGWE338

Classified By: Political Officer Tyler Sparks for reasons 1.4 B and D.


1. (C) In a meeting May 10, Malawi,s Minister of Justice
Henry Phoya assured Ambassador Eastham that the
Vice-President's arrest on treason charges was legitimate and
the case against him substantial. Challenged on the arrest
and subsequent release without charge of the VP's alleged
co-conspirators, as well as the recent arrest of three
journalists, Phoya uncomfortably confided those arrests were
ordered by "overzealous" members of the administration.
Phoya said both he and President Mutharika were surprised by
the release of the VP's alleged accomplices, whom he numbered
at eight, after they had both been assured that there was
hard evidence linking them to the VP's case.


2. (C) The ambassador met with Phoya on May 10 with two
objectives, to offer further efforts to support the pending
anti-money laundering bill and to discuss the recent arrest
cases. After the conversation turned to the VP's case Phoya
told the ambassador that "while the government regretted the
timing of the VP's arrest, the case was against him was
serious," and had to be acted upon immediately, given that
there might have been other unidentified conspirators still
threatening the President.


3. (C) Asked about the arrest of the other alleged UDF
conspirators, arrested and released unconditionally three
days later, Phoya was visibly uncomfortable, saying that some
members of the administration had been overzealous and had
misused the machinery of the state in that case. When pressed
on the matter Phoya hinted that Attorney General Ralph
Kasambara was behind both the arrests of the alleged
accomplices and that of three journalists arrested for
writing a story about Kasambara and a stolen laptop (septel).


4. (C) The Ambassador told Phoya that the recent visit to
Malawi by Zimbabwean President Robert Mugabe had provided an
opportunity for extensive comparisons between events in
Zimbabwe and those in Malawi, and the comparison was not at
all favorable to Malawi. He noted in particular that it
seemed not to be a coincidence that the alleged
co-conspirators were arrested the day prior to Mugabe,s
arrival and released after he had left. What was the point,
he said, in putting out the word that these people were
possibly involved in a capital case? The ambassador asked
whether an apology or acknowledgment of error on the part of
the government had been considered. Phoya responded that
this option had been considered and rejected, because there
would be consequences (comment: probably lawsuits from the
arrestees) if the government said it had made a mistake.
Phoya then said that the Mutharika administration does not
want to go back to the situation before 1994 (i.e. the Banda
dictatorship),saying that since then, "we have built a
strong history of rule of law, and we can't let someone tear
that down. As long as I sit in this chair I can't let that
happen."


5. (C) Comment: Phoya clearly was uncomfortable discussing
the internal issues of Mutharika's administration, yet he
also came across as forthright and honest. His assertion
that the evidence against the VP is real while admitting that
the other arrests were a mistake lends some credence to his
claims. He left directly after the meeting to drive three
hours to a meeting with the President in Zomba, after which
he promised to call the ambassador with feedback, implying
that these cases were on his agenda with Mutharika this
afternoon.
EASTHAM