VZCZCXRO3768
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0503/01 1700928
ZNR UUUUU ZZH
R 190928Z JUN 09
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC 4624
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 2321
RUEHAR/AMEMBASSY ACCRA 2896
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RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
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RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
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RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 02 HARARE 000503 
 
SENSITIVE 
SIPDIS 
 
AF/S FOR B. WALCH 
DRL FOR N. WILETT 
ADDIS ABABA FOR USAU 
ADDIS ABABA FOR ACSS 
NSC FOR SENIOR AFRICA DIRECTOR M. GAVIN 
STATE PASS TO USAID FOR L.DOBBINS AND E.LOKEN 
 
E.O. 12958: N/A 
TAGS: PHUM ASEC KDEM PGOV PREL ZI
SUBJECT: ATTORNEY GENERAL ORDERS ARREST OF SENIOR MDC OFFICIAL 
 
REF: A. HARARE 466, B. HARARE 461 
 
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SUMMARY 
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¶1. (SBU) Attorney General (AG) Johannes Tomana is continuing his 
pursuit of attorneys and MDC officials who seek to protect and 
defend the MDC officials who were abducted late last year. On June 
16, at the behest of Tomana, senior MDC-T official Toendepi Shonhe 
was arrested on charges of perjury.  Tomana contends Shonhe made 
false statements under oath in a high court hearing on June 6 when 
he testified that three MDC officials who had been abducted last 
year had been re-abducted on June 2.  Separately, human rights 
lawyer Alec Muchadehama - responding to a summons issued by the AG - 
arrived at court to face charges of obstruction of justice on June 
17 only to learn the AG's office wasn't yet ready to begin the 
trial.  END SUMMARY. 
 
--------------------------------------------- ---- 
AG Orders Arrest, Denial of Bail for MDC Official 
--------------------------------------------- ---- 
 
¶2. (SBU) Shonhe was summoned to the Harare central police station on 
June 16 where he was questioned; late in the day he was arrested on 
charges of perjury.  The allegations stem from an affidavit Shonhe 
submitted in the High Court on June 6 that three MDC members, 
previously abducted and then released, had been re-abducted on June 
2 (Ref A).  The State contends the three were not re-abducted. 
 
¶3.  (SBU) Shonhe appeared before Magistrate Munyonga on June 17 
where the prosecutors from AG Tomana's office opposed bail on 
grounds that Shonhe would interfere with witnesses.  Prosecutors 
presented evidence from notorious policeman Detective Inspector 
Henry Dowa who said he wanted Shonhe to remain in custody until he 
finished investigations, which he said would go on for an 
"unspecified" period.  Defense lawyers Alec Muchadehama and Innocent 
Maja argued the AG's refusal to consent to bail was vindictive and 
intended to punish Shonhe for exposing the AG's illegal plan to 
force MDC abductees to testify falsely against their colleagues.  On 
June 18, Magistrate Munyonga granted bail, but the prosecutor 
immediately filed notice that the AG would appeal, forcing Shonhe to 
remain in jail.  Shonhe's supporters in the crowded courtroom 
collectively groaned in dismay when the prosecutor announced his 
intent to appeal. 
 
--------------------------------- 
AG Targeting Human Rights Lawyers 
--------------------------------- 
 
¶4. (SBU) On June 16, human rights lawyer Innocent Chagonda told us 
that Tomana initially planned to arrest him and his law partner 
Chris Mhike in connection with their representation of MDC abductees 
Fanny Tembo, Lloyd Tarumbwa, and Terry Musona.  Chagonda said that 
he wrote to Judge President Rita Makarau, who intervened and 
prevented the lawyers' arrest.  Having failed to arrest Chagonda and 
Qprevented the lawyers' arrest.  Having failed to arrest Chagonda and 
Mhike, Tomana settled for Shonhe. 
 
¶5. (SBU) Separately, human rights lawyer Alec Muchadehama appeared 
in court on the morning of June 17, prepared to stand trial on 
obstruction of justice charges relating to the release on bail of of 
abductees Chris Dhlamini, Ghandi Mudzingwa, and Andrisson Manyere 
(Ref B).  According to Muchadehama's attorney, Beatrice Mtetwa, on 
the morning of the trial the prosecutor arrived in court, said he 
wasn't ready for trial, and left.  Mtetwa described the prosecutor's 
 
HARARE 00000503  002 OF 002 
 
 
behavior as bizarre and a blatant violation of court procedure.  The 
prosecutors have reportedly claimed they want to prosecute someone 
else along with Muchadehama. 
 
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Comment 
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¶6. (SBU) Notwithstanding the formation of the inclusive government 
in February, ZANU-PF continues to use the AG's office to harass its 
opponents and to deny them their civil and political rights.  By 
attacking the handful of human rights lawyers that are actively 
defending MDC officials and victims, the AG's office is continuing 
with its relentless attack on Zimbabwe's brave dissenting voices. 
This state of affairs will surely continue and possibly worsen 
unless there is full implementation of the Global Political 
Agreement, particularly the replacement of Tomana with an impartial 
Attorney-General. END COMMENT. 
 
MCGEE