MDC Director-General’s trial begins
By KING SHANGO
Published on: 17th July, 2009
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ZIMBABWE – HARARE – The trial of Movement for Democratic Change (MDC) Director-General Toendepi Shonhe resumed in the Magistrates Court with the State’s two witnesses testifying in court.
The State alleges Shonhe lied under oath that three MDC activists had been re-abducted last month when they were picked up by police at their homes in Banket to report to the Attorney General’s Office in Harare.
The AG wanted them to implicate four MDC activists facing charges of plotting to overthrow President Mugabe through acts of banditry, insurgency and terrorism.
The three abductees were part of 32 MDC activists seized from their homes by gun-toting State agents in unmarked vehicles going back to October but were only released in December.
Last month they were seized from their homes again in the same style and the MDC director-general issued an early warning.
Shonhe issued an info alert advising that the three MDC activists had been re-abducted. He further lodged an affidavit in the High Court saying the three had been re-abducted by State security agents.
Defence lawyers say technically Shonhe did not misrepresent any facts as the MDC activists were indeed abducted and the State case was pie in the sky. Shonhe’s High Court affidavit is now being used as the evidence-in-chief by the State.
The State led evidence from the first witness, Oneday Muguyo, the Clerk of Judge President Rita Makarau, who told Harare Magistrate Kudakwashe Jarabini that he set up the recording equipment in Court D of the High Court to record court proceedings when MDC members Fanny Tembo, Terry Musona and Lloyd Tarumbwa, who are the State’s witnesses in cases in which several MDC members and human rights activists are accused of recruiting or training insurgents, bandits, saboteurs or terrorists appeared in court on 06 June 2009.
Muguyo said from his recordings it came out that Fanny Tembo had not been abducted per se and the matter was withdrawn in the High Court.
But defence lawyer Alec Muchadehama objected to Muguyo’s line of evidence stating that the witness was attempting to interpret court proceedings which are in the High Court record.
The second witness Detective Inspector Henry Sostein Dowa, who resides at Number 54 Old Camp Highfield, told the court that he is the investigating officer in the matter.
Dowa said Shonhe gave a statement under oath for an urgent chamber application filed in the High Court alleging that Tembo, Tarumbwa and Musona had been abducted by state security agents when in fact they had not.
Dowa said Shonhe filed the application after receiving an internal memo from his party members in Banket, Mashonaland West.
But Muchadehama also objected to Dowa’s line of evidence stating that the witness was now testifying in relation to an extra curial statement.
Muchadehama said basic law procedure doesn’t permit a police officer to testify with regard to extra curial statements without the necessary formalities.
Muchadehama also objected to Dowa’s self invited testimony in which he attempted to narrate how the three abductees had visited the MDC headquarters at Harvest House in Harare after their “interviews” at the Attorney General’s Office. Muchadehama said what Dowa had stated was clearly hearsay which is inadmissible in court.
In cross examination Muchadehama asked Dowa whether he held any legal qualification and whether he knew the definition of perjury, the charge that Shonhe is facing to which Dowa answered no. Dowa attempted to give a definition for perjury.
After cross examination Prosecutor Allan Masiya applied for the matter to be remanded to next week to allow one of the State witnesses Chief Superintendent Magwenzi, who is currently out of the country to testify. Last week Magwenzi failed to turn-up for the trial again causing a postponement.
Magistrate Jarabini then remanded the matter to Wednesday 22 July.
