State Agents threatened prosecutors in arms cache case

By Violet Gonda

16 March 2006

A High Court Judge Justice Hungwe described as “shocking” attempts by state security agency to influence the outcome of the arms cache saga.

It is reported that officers from the Attorney General’s office were harassed and threatened by members of the Central Intelligence Organisation (CIO) when they went to Mutare. They had gone there to assess the case and verify evidence against the MDC members who were arrested last week of plotting to assassinate Robert Mugabe.

The AG’s office are the people who bring cases to court – after assessing the evidence - on behalf of the state, but in this instant they were ordered to leave and were harassed by their own people, the police force.

One of the lawyers representing the arms cache suspects, Trust Maanda, said the legal officers had wanted to verify the facts but the CIO, “Threatened to arrest them for what they alleged was behaviour which amounted to the behaviour of defence lawyers as opposed to state lawyers.”

In giving his judgement Justice Hungwe said, “This behaviour deserves the highest possible censure. It cannot be justified in a democratic society. One cannot simply condone such a blatant refusal of access by the police. This is the type of conduct that brings the administration of justice into disrepute."

Meanwhile a complaint has been made against the conduct of the police for their alleged torture of those arrested in the arms cache saga. This could see police having to pay out millions of dollars to their victims. The lawyers are in the process of quantifying the amount of damages suffered by their clients.

All eight men were cleared of the main charge of conspiracy to possess weaponry for insurgency, banditry, sabotage and terrorism under the draconian Public Order and Security Act (POSA). But Mike Peter Hitschmann at whose property the arms were allegedly found is the only person still in custody. His bail application is expected to be heard Friday.