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Judge lashes at State's 'suspect witnesses'
The Standard (Zimbabwe)
October 17, 2004

http://www.thestandard.co.zw/read.php?st_id=774

JUDGE PRESIDENT Paddington Garwe on Friday reduced to shreds, the evidence led by star prosecution witness Ari Ben-Menashe and his personal assistant Tara Thomas and declared the two be treated as "suspect witnesses."

He said the videotape that formed the basis of the case was of inferior quality and could not be relied on, while the audiotape of the London meeting in November 2001 did not help the State's case either because it was of even poorer quality.

"What is clear is that Mr Menashe had a financial interest," the judge said, referring to a contract between Ben-Menashe's firm, Dickens and Madson and the Zimbabwe government that was about to be renewed when the treason trial opened in February last year. "Neither he nor Tara Thomas can be said to be impartial. They should be treated as suspect witnesses.

"It's not in dispute that neither in the audio nor the video tape is there a specific request by the accused to Mr Menashe for the assassination of President Mugabe and the staging of a military coup.

"The court is not satisfied that there was such a request. According to the transcript (of the video-tape) remarks made by the accused were largely in response to questions put to him. He said in the majority of the cases, Tsvangirai was asked questions and showed that he did not know what was happening.

He said the prosecution had not established high treason beyond reasonable doubt.

The prosecution team of Acting Attorney-General Bharat Patel, Director of Public Prosecutions Joseph Musakwa and Senior Law Officer Morgen Nemadire, did not immediately respond to the judgment.

MDC officials and supporters who had thronged the public gallery waiting anxiously as Garwe read the judgement, erupted into a rapturous applause when the judge pronounced the "not guilty" verdict.

"God is great!" Glen-Norah MP Priscilla Misihairabwi-Mushonga said with a heavy sigh after the more than hour-long judgment. Jubilant party officials mobbed and hugged Tsvangirai, his wife Susan, smartly dressed in an olive-green dress, and members of Tsvangirai's defence team.

Tsvangirai, in a grey suit and greyish-blue shirt, wore a broad smile and joined his supporters in clapping hands when the judge pronounced the verdict.

The judgment day attracted foreign diplomats accredited to Zimbabwe, representatives of human rights organisations and members of the public keen to hear the outcome of the widely publicised case.

Senior MDC officials including national chairman Isaac Matongo, deputy secretary-general Gift Chimanikire and Fletcher Dulini-Ncube and former Harare executive mayor Elias Mudzuri, were in the public gallery.

"We are going back to business," secretary-general Welshman Ncube told reporters outside the court before riot police drove everyone away. "This has been a cloud hanging over our heads and now it has been cleared. It was a political trial but the judiciary has acquitted itself very well."

MDC vice-president Gibson Sibanda said: "It's not total that justice has prevailed in Zimbabwe. In the first instance there was never any evidence."

Euphoria gripped the city centre as the news of Tsvangirai's acquittal spread among MDC supporters who had earlier been driven away. The jubilation was, however, short lived because scores of baton-wielding police went about indiscriminately beating up pedestrians found in groups.

Unlucky shoppers were caught up in the melee.

Truckloads of anti-riot police patrolled the streets in Harare's central business district while others stood at street corners in small groups.

Fighter jets zoomed repeatedly over the Harare skies in a manner that can only be discribed as intimidatory.

Armed anti-riot police physically prevented the Acting German Ambassador to Zimbabwe, Counsellor Jan Hendrik van Thiel from entering the High Court.

Six police officers armed with guns and baton sticks accosted Van Thiel and ordered him in Shona to leave the High Court premises at once. The group of police officers surrounded Van Thiel before prodding him with baton sticks, while some manhandled him across Sam Nujoma Street.

In an interview with The Standard on Friday, Van Thiel said:"What the ZRP did is not acceptable, and its a clear violation of the Vienna Convention." He has since lodged a complaint with the government.

The police also arrested three women at the main entrance to the High Court. One of the women asked why she was being taken by the police, and was told specific charges would be decided at the charge office.

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