‘Justice Paradza’s conviction a warning to others’ warns top lawyer

By Tichaona Sibanda

17 January 2006

A human rights lawyer has said the conviction of Justice Benjamin Paradza could be a warning to other sitting Judges that they would be dealt with if they don’t comply with the political leadership in the country.

Arnold Tsunga, director of the Zimbabwe Lawyers for the Human Rights said of Justice Paradza’s conviction by Justice Simpson Mutambanengwe; ‘He has been used rightly or wrongly to demonstrate to the other members on the bench that if you don’t tow the line, if you don’t comply with the political leadership then you will not receive protection,’

Tsunga said the matter involving Justice paradza could be looked at in the context of what would be called procedural justice rather than normal substantive justice.

‘If you ask me whether he received a fair trial or not, look at the way the case started. Remember he was arrested in chambers by a constable in a manner that is highly irregular. He was virtually humiliated in the process of being arrested,’ said Tsunga.

Ultimately, he added, it became suspicious whether he was going to get a fair trial. Justice Paradza was found guilty of trying to influence decision in a case involving his former business partner, Russell labaschgne, who has since been convicted of murdering a man he found poaching at his camp in Binga.

Tsunga said it was common practice for judicial officers to consult and discuss common matters but ‘the difference between discussing to influence and discussing as professionals colleagues should be a question of valid judgement’

‘By running away, I think he is saying he did not get a fair trial. Probably he felt his colleagues wont have enough clout to withstand political pressure, and I guess it explains why he’s on the run,’ he said.