PROSECUTION RESTS IN NLANDU TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 000279 SIPDIS SENSITIVE SIPDIS E.O. 12958: DECL: 03/06/2017 TAGS: PHUM PGOV KDEM KJUS CG SUBJECT: PROSECUTION RESTS IN NLANDU TRIAL REF: A. 06 KINSHASA 1777 ¶B. 06 KINSHASA 1882 Classified By: PolOff TJNaber, reasons 1.4 b/d. ¶1. (SBU) Summary: Military prosecutors rested their case against Bemba ally Marie-Therese Nlandu and nine co-defendants February 7. They presented three main pieces of evidence: grenades allegedly in the possession of her co-defendants, videos of Nlandu alledgedly calling for the burning of the Supreme Court, and a text message sent to Bemba. The prosecution's case appeared weak. End summary. ¶2. (SBU) Military prosecutors completed presentation of their case February 7 against Marie-Therese Nlandu, a failed presidential candidate (with less than 1 percent of the vote) and a subsequent ally of former Vice President Jean-Pierre Bemba, and nine co-defendants for their alleged role in the destruction of the Supreme Court building November 21 (ref A). All face insurrection and weapons possession charges. ¶3. (SBU) The trial, which is open to journalists and observers, has been delayed repeatedly due to Nlandu's ill health and frequent cancellations of hearings by the military judges trying the case. The defense is now scheduled to present its evidence beginning March 7. ¶4. (SBU) Seven of Nlandu's co-defendants were arrested November 20: her driver, Bienvenue Tungu; three bodyguards, Bona Kongo, Claude Gayo, and Andre Lusiladio; her press attache, Charles-Felix Kianza; her household employee, Gbala Kukambisa; and Pastor Jose Inonga. Police arrested two former soldiers, Edganga Fataki and Basisa Ilyonda, on November 21, allegedly in the act of setting fire to the Supreme Court building. Nlandu, also arrested November 21, has denied knowing Fataki and Ilyonda. ¶5. (SBU) The prosecution presented three main pieces of evidence during sessions January 24 and 31 and February 7: grenades allegedly discovered in Nlandu's car with seven co-defendants, recordings in which Nlandu called for the burning of the Supreme Court, and an intercepted text message. -------------- Exhibit No. 1: Grenades -------------- ¶6. (SBU) On January 24, Military Prosecutor Homere Nkulu entered into evidence three grenades allegedly found in Nlandu's car with seven co-defendants. The grenades were so-called defensive grenades, capable of emitting smoke or tear gas, but not exploding. Nlandu's lawyers told Poloff February 2 that the military judges debated without resolution whether defensive grenades could be considered weapons of war. ¶7. (SBU) Tungu, Nlandu's driver, denied January 31 having seen the grenades prior to their presentation to the court. Tungu testified that a written statement he signed at the time of his arrest, claiming he knew the grenades were in the car, was obtained through torture. Nkulu, remarkably, assured the court that confessions obtained under torture are permissible under Congolese law. (Note: They are not. End note.) -------------- Exhibit No. 2: Video Tapes -------------- ¶8. (SBU) On February 7, Nkulu presented two video tapes as evidence for the charge of incitement to overthrow the government. The first tape showed footage of Nlandu apparently attempting to calm an unruly crowd gathering outside the Supreme Court building on November 20, where Bemba's appeal of the October 29 presidential results was being heard. Nlandu, a member of Bemba's legal team, urged the protesters to make their statements "in a disciplined way," to disband, and to return the following day. In fact, this did not appear to support the prosecution's case at all. ¶9. (SBU) Nkulu then showed a video montage of events from November 21: Bemba's attorneys addressing the Supreme Court, Nlandu giving an interview to a television reporter, cars burning in front of the building, and a group of protesters cheering at the destruction. Although defense attorneys objected to the edited video, they did not deny that Nlandu KINSHASA 00000279 002.2 OF 002 gave the interview inside the Supreme Court building in which she said the Congolese should "rise up" and defend themselves. Nkulu maintained Nlandu's statements caused the crowd to set the Supreme Court ablaze. However, the interview was not broadcast until that evening, several hours after the fire and Nlandu's own arrest. -------------- Exhibit No. 3: The Smoking SMS -------------- 10 (C) A presidential advisor told us in December that security services had intercepted a message proving Nlandu's guilt (ref B). Presented at the January 31 hearing, this turned out to be a one-line text message sent by Inonga to Bemba. In the message, Inonga reported he had recruited Mobutu-era soldiers who had participated in Operation Pentecote, a 2004 coup attempt against President Joseph Kabila. Nlandu interrupted her own lawyers to ask rhetorically why Bemba would not do his own recruiting. ¶11. (SBU) Defense attorneys told Poloff February 1 that Inonga, although arrested in the same vehicle as Nlandu's employees, had met Nlandu for the first time on November 20 "on Bemba's behalf" to ask her to calm the crowd outside the Supreme Court. They said he joined her employees in their car and directed them to a church where they were intercepted and arrested by police. -------------- - Comment - The Government Has Not Made its Case -------------- - ¶12. (SBU) The evidence presented against Nlandu appears circumstantial and weak at best. Key portions of the prosecution's case actually exonerate the defendants. We cannot judge the guilt or innocence of the defendants, but the prosecution has done the government's credibility no favors in its presentation of the case. End comment. MEECE