Prime Minister Morgan Tsvangirai and President Robert Mugabe of the Republic of Zimbabwe. The parties inside the country are working to finalize a new constitution under the Global Political Agreement.
Originally uploaded by Pan-African News Wire File Photos
Court Reporter
Attorney-General Mr Johannes Tomana has sought leave to appeal to the Supreme Court against the High Court’s decision to discharge and acquit MDC-T treasurer-general Mr Roy Bennett on charges of terrorism, banditry, insurgency and trying to depose a constitutionally-elected Government.
Mr Bennett was Monday acquitted by Justice Chinembiri Bhunu, who ruled that the State had failed to prove a prima facie case against the MDC-T treasurer hence there was no reason for him to be placed on his defence.
Chief law officer Mr Chris Mutangadura — who is representing the AG in his grounds of appeal — submitted that Justice Bhunu had erred at law when he considered the pieces of evidence in isolation from the other thereby failing to take a holistic assessment of all evidence the total of which he said established a prima facie case against Mr Bennett.
"In other words, the existence of a bank account in the name of Peter Michael Hitschmann, the e-mail communication between Hitschman and Roy Bennett as well as the fact that the said e-mails contain messages pointing to the funding of firearms acquisition all point to a conspiracy between the said Hitschmann and the respondent (Bennett).
"The learned trial court misdirected itself when it ruled that the authenticity of the e-mail printouts was solely dependent on the credibility of a computer expert when, in fact, circumstances surrounding the discovery of the said e-mails was the most fundamental consideration which the learned trial court did not even bother to consider in its valuation of evidence," he argued.
Mr Mutangadura submitted that the court failed to make a finding of fact as to where the e-mails originated.
In the context of the e-mails having been found in possession of an alleged co-conspirator Hitschmann, he said, the fact that Mr Bennett disputed them called for the court to consider for a fact whether the e-mails were concocted or not.
Mr Mutangadura also submitted that the trial court had misdirected itself when it reasoned that police should have investigated whether Mr Bennett had a computer carrying the e-mail address used in the recovered e-mails when witnesses testified that he absconded to South Africa where he was granted asylum for three years.
He said Mr Bennett did not dispute absconding at the time of Hitschmann’s arrest in 2006.
"The learned trial court erred at law when it found the testimony of Mutsetse (Pekerayi Denshad) appealing only because he acknowledged lack of knowledge as to the existence of computer criminals known as hackers without any tested evidence to the effect that the persons who discovered the e-mails on the person of Hitschmann are criminals known as hackers.
"By so doing, the learned judge contradicted his earlier finding of fact that the mere fact that e-mails can be faked does not mean that the e-mails before the court as exhibit 13 are also fake," he argued.
The chief law officer argued that the ultimate finding that the e-mails were not admissible on the basis that they are capable of being faked was consequently outrageous and defied logic.
He further argued that the judge made an error at law when he found that the authenticity of e-mails was predicated upon computer forensics and scientific detection, whereas the printouts were admissible on the credibility of the person who discovers them.
"Wherefore the appellant (the AG) prays for an order setting aside the judgment acquitting the respondent (Mr Bennett) at the end of the State case substituting it with an order putting the respondent on his defence," Mr Mutangadura submitted.
The Supreme Court will have to rule whether the AG has sufficient grounds to appeal against the High Court ruling.
The State alleged that when police arrested Hitschmann in 2006 following the discovery of an arms cache in Manicaland, the ammunition dealer implicated Mr Bennett.
Mr Bennett fled to South Africa and was arrested on his return in February last year at Charles Prince Airport.
He is the MDC-T’s nominee for the post of Deputy Agriculture Minister and the treason case has delayed his swearing in with Zanu-PF arguing that the courts should clear him first while his party wanted him to be sworn in despite the charges he was facing.
PM in talks with Clinton
Herald Reporter
Prime Minister Morgan Tsvangirai has missed another chance to fulfil his Global Political Agreement obligation of lobbying for an immediate end to sanctions on Zimbabwe.
After a meeting on Monday with United States Secretary of State Hillary Clinton in Washington, PM Tsvangirai instead inferred the US had the "sovereign right" to maintain the illegal and widely discredited embargo that has hurt ordinary Zimbabweans, and was mum on Zimbabwe’s sovereign right to chart its destiny.
After attending the World Economic Forum on Africa in Tanzania — which ran concurrently with a meeting of Southern African liberation movements — PM Tsvangirai flew to the US to "update (Clinton) on the latest situation in the country in terms of where the bottlenecks are, where progress has been made, and what the United States should do".
Media reports quoted PM Tsvangirai as saying afterwards he could not push the US to lift the sanctions that his party called for.
"I can’t decide that. That is a sovereign right of the American government," PM Tsvangirai said.
This comes a few days after he joined President Mugabe and Deputy Prime Minister Arthur Mutambara in decrying the devastating effects of sanctions at the WEF on Africa meeting in Dar es Salaam.
PM Tsvangirai reportedly told Clinton: "There should be a recognition (by Washington) that there is progress, but (perception of) that progress may not be sufficient to convince the American government.
"It’s for you to judge us on the basis of what has been done on the ground."
PM Tsvangirai agreed under Article Four of the GPA to work with Zanu-PF and MDC in lobbying for an end to the illegal sanctions, but since then has only twice publicly implemented this requirement.
Observers said it was "weird" that the PM felt a need to defend America’s sovereignty at the expense of Zimbabwe’s.
"If he is really concerned about sovereignty he should have been telling the Americans that Zimbabwe has a sovereign right to chart its own destiny without let or hindrance from Americans who impose sanctions because they want us to behave in a certain way.
"People can then legitimately ask if the PM’s remarks are what Cabinet asked him to make while in America or he is talking as the leader of the MDC-T that called for the sanctions," one observer said.
Tsvangirai-Biti rift widens
By Takunda Maodza
Courtesy of the Zimbabwe Herald
MDC-T leader Mr Morgan Tsvangirai has come under fire for allegedly backing a Cabinet minister who publicly attacked the party’s secretary-general Mr Tendai Biti.
Senior party officials are reportedly angered by what they claim is "connivance" by Mr Tsvangirai and Public Services Minister Eliphas Mukonoweshuro to "publicly ridicule Mr Biti".
Mr Tsvangirai is Prime Minister in the inclusive Government while Mr Biti is Finance Minister.
Last week, Minister Mukonoweshuro issued a statement lambasting "super ministers" who were allegedly trying to usurp their colleagues’ authority.
This was largely interpreted to be in reference to Mr Biti, who has steadfastly maintained civil service salaries will remain frozen until Government revenue inflows improve.
On Workers’ Day, Mr Tsvangirai claimed salaries were not frozen.
Yesterday, sources at MDC-T’s Harvest House headquarters in Harare revealed some senior party officials felt Minister Mukonoweshuro had launched the attack with the full knowledge of Mr Tsvangirai.
"Some people believe that Mukonoweshuro’s attack had Mr Tsvangirai’s full backing and blessings. What has made the situation worse is that Mr Tsvangirai is yet to react to the fallout," one source said.
Another insider alleged Mr Tsvangirai blocked discussion of the issue at the party’s standing committee meeting in Harare last Friday.
"Mr Tsvangirai said these were governmental issues that should not be brought into the party."
However, an official in Mr Tsvangirai’s office said there was a feeling Mr Biti was becoming "big-headed".
"How can he challenge the party president and the Prime Minister like that? I am not saying Mr Tsvangirai ordered the dressing down, but certainly I do not feel any sympathy for Biti," the official said.
Sources said Mr Biti, in his capacity as Finance Minister, had impressed on the executive that the Government did not have the resources to match its wish to increase salaries.
"He thought everyone had understood that money was scarce and was taken aback first by Tsvangirai’s and then by Mukonoweshuro’s statements.
"He has met Tsvangirai and told him he is not after his job as party leader or trying to undermine him as Prime Minister.
"That was before Mukonoweshuro’s statement and that is what makes people wonder what really is going on in the party and Government," an insider revealed.
Mr Nelson Chamisa yesterday refused to comment on the matter.
Meanwhile, online publications yesterday said Mr Chamisa was fighting his own internecine battles for describing MDC-T treasurer-general Mr Roy Bennett as "an angel".
He said this soon after the High Court acquitted Mr Bennett of terror-related charges on Monday.
It is understood party figures opposed to Mr Bennett joining the inclusive Government said the spokesperson was lobbying for Mr Bennett to hold State office.
"Chamisa knows there is disagreement on whether or not Bennett should be in the inclusive Government because his past taints the party’s image.
"For him to make such a statement is quite irresponsible," said one official.
Mr Chamisa defended himself saying: "Go and look up the dictionary meaning of ‘angelic’."
Online media quoted observers accusing Mr Chamisa of blaspheming and being "absurd".
Political analyst Professor Jonathan Moyo said: "You can’t have a more blasphemous statement.
"Like everybody knows, we had a judgment from the courts of law not from God in Heaven.
"It is absurd and reprehensible to the extreme and this is provocative for the MDC-T to call Bennett an ‘angel’ when it is common cause that he was an active member of the murderous Rhodesian infantry during the liberation struggle."
Prof Moyo added: "The MDC-T can have Bennett but we do not want him and will oppose him everywhere.
"It has nothing to do with the case, but everything to do with his unacceptable Rhodesian past."
Another analyst Mr Gabriel Chaibva said the statements were coming from a party "celebrating their white master’s acquittal".
"There is no doubt in my mind that those in the MDC-T are directly controlled by whites that they cannot distinguish between what is devilish and angelic.
"There is nothing unusual about Bennett’s acquittal. There are so many people who have been acquitted but are they angels?
"It is shocking that people like Chamisa can stoop so low in their bootlicking that they speak so blasphemously in their hero-worshipping," he said.
At the weekend, British media quoted Bennett saying he was ready to forgo the Deputy Agriculture Minister post Mr Tsvangirai has been keeping open for him if it would help the inclusive Government function better.
Zanu-PF has objected to Bennett’s appointment in any capacity to the agriculture portfolio, citing his Rhodesian military and white farmer links.
However, new revelations are that Bennett — a non-constituency senator — might have been pressured to make that statement after the emergence of strident opposition to his joining Government by some members of his own party.
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