Dear friends.
It’s been a hectic couple of weeks since I last wrote, but I guess that is now par for the course.
You never quite become used to it. It still makes your blood boil every time one of these thieves thinks they can steal or kill with impunity.
Well, as I stated last time, the government has reacted to the considerable pressure that many of those of you who are in the media managed to exert. For this I am grateful, and again in your debt.
However, it was a victory of limited worth, as before they left, the evil thieves managed to steal over $110 million dollars worth of property. Much of this was the personal possessions of my farm manager and his wife, Norm and Isobel Gardiner. These are two who have already suffered so much, in the last farm invasion and beatings. To now lose all their photographs, their clothes and their children’s clothes is heartbreaking.
The assistant manger, MR Brown Leston and his family had everything trashed and stolen, including his kid’s school books and Sunday school materials.
Unfortunately, it now looks like the whole saga may start again. One of the key organisers, a Mr Tendai Gurira, has been threatening to invade the farm again. In his arrogance and assumption of immunity from the law, he has identified himself.
We also have more arrests and harassment at Chimanimani, but this has become a daily note.
But you never must let this get you down, and I am in the process of filing a legal suit against Mugabe, as the prime instigator of the these actions. If we back down here once, we let them win. So we fight on.
On a more general note, Morgan Tsvangarai is now out of jail, and more fiery than ever. So we are looking at interesting times in the future. But certainly the struggle is stepping up again. This time we will hopefully learn from the mistakes of the past, but I am very hopeful that many of the problems we have are already ironed out.
It cost the regime a lot to stop the mass action last time, more than many people know, and their capacity is reducing every day.
The US president’s visit to Africa has come and gone, and now we wait to see what the effect of his efforts with the African heads of state, in particular Thabo Mbeki.
Meanwhile, on the home front we are redoubling our efforts to keep the pressure on these thieves, these kleptocrats that are still clinging to control, trying to squeeze still more money out of the rapidly dying Zimbabwean economy.
Thank you again for your support. Change is coming.
Roy Bennett MP
1. Police take over school at Charleswood Estate
In a further act of political harassment, Zimbabwe republic police officers from Chimanimani have forcefully occupied a class room in the Charleswood Estate school and are using it as a base for harassment and illegal detention of farm workers.
Below are the details of their actions. For more information, please call 04748240.
07.07.03
At around 1030hours a Defender Registration Number 288D arrived at the farm with police officers in uniform. Among them were Inspector Mabunda from Chipinge, Inspector Chogugudza, Assistant Inspector Chivandika and Sergeant Zulu. They were armed with FN rifles. They went to see the headmaster, Mr. Majokwiro, at the school and told him they needed a classroom so they could stay at the farm. Mr. Majokwiro had no alternative but to give them they keys.
They left four constables who are based at the school. As justification for this action, they falsely alleged that people at Charleswood are assaulting the settlers.
09.07.03
The four policemen based at the school arrested Chaveni Ngwenya, Gift Jari, Danai Shokobishi and Tari Mukungatu, all farm workers at Charleswood estate for questioning. They were kept at the school for five hours and later released. The police allege that the reason they were detained was for assaulting settlers. However, then did not substantiate who was allegedly assaulted or have registered such a complaint. These arrests and the presence of the police on the farm substantially hinders ordinary operation of the farm, in spite of court orders against the Chimanimani ZRP officers from doing so.
Inspector Chogugudza visits the policemen on a daily basis. He arrives with his deputy, Assistant Inspector Mufiriranwa and Sergeant Zulu.
Gift Jari claims he was assaulted by an army settler by the name of Jokoja and a worker of Jokoja’s who slapped him twice on the face. A report was made to the police - but no action has been taken.
11.07.03
Shepherd Rufeyo a worker at Charleswood Estate was arrested on 7th July 2003 and taken to Chimanimani Police Station. He was found with two tins of maize in his room. The Police allege he stole the maize friom the settlers.
There have also been several incidents where the Police open fire on the farm for no reason. Workers now run away each time they see the Police around the farm.
The presence of the police on the farm is disrupting most operations as the farm workers fear they will be victims of assault and unlawful arrest.
Efforts to trace Shepherd Rufeyo at the Police Station were fruitless and the matter has been handed over to Mr. Maanda at Henning Lock and Mr. Tsunga of ZLHR.
2. Ruwa occupation leader identifies himself, admits involvement.
Monday, 30 June at 4:06 pm, Roy Bennett received a threatening phone call from an unidentified individual stating,
Caller: we have taken your farm. Cease operations.
At this stage Roy Bennett cut them off. They then called straight back and said
Caller: you are not listening to us. Obviously you do not realise who you are dealing. You are calling sanctions on Zimbabwe. You are MDC.
Mr Bennett: the land invasions are over
Caller: you will see, they are just beginning. People like you we will destroy. You insulted the government.
Roy: I don’t know you, why don’t you see me and we can talk face to face.
Caller: you will see what we can do to you.
At which time Roy hung up the phone again.
The phone call was from Netone number 011422836. We have know identified the caller as Tendai Gurira, a failed Zanu-Pf candidate for Harare city Council and the leader of the June violent occupation and looting of the farm that Roy leases in Ruwa.
Since the Daily News made his identity public, Gurira has desisted from further calls to Roy. He did however admit that he was involved in the June occupation during a debate with Roy on SW Radio only recently. (A transcript will be forwarded shortly).
3. Assault Charge against Shane Kidd thrown out of court.
Assault charges against Shane Kidd alleging he assaulted Chimanimani ZRP Inspector Choguguguddza were thrown out of court by Magistrate Timothy Khumala in the Chipinge Magistrates Court on Monday the 23rd of June.
Mr Kidd is working in the forestry industry in Chimanimani and is a stauch MDC supporter.
Attached below is the successful Accused Defence outline submitted by Mr Shane Kidd’s counsul, Arnold Tsunga.
IN THE MAGISTRATES COURT
FOR THE PROVINCE OF MANICALAND
HELD AT CHIPINGE
In the matter between
The state
And
Michael Shane Kidd
Accused
ACCUSED’S DEFENCE OUTLINE
- The accused who is a law abiding, responsible citizen and employer in Chimanimani will plead not guilty to the maliciously trumped up charge.
- On the day of the alleged assault, the accused went voluntarily to the police station once he gathered information that the police were interested in him. This voluntary co-operation with the police by the accused is inconsistent with the implication of the charge against the accused person, which suggest a completely unco-operative attitude by the accused.
- Once the accused had voluntarily submitted himself at the police station, he was in a foreign and hostile environment, where he was outnumbered by well trained, fit and armed policemen, central intelligence organisation (CIO) operatives, and the army which are all housed to his knowledge at Chimanimani police station premises. Hardly an environment where even the most brave and stupid could start a physical confrontation with the Officer-in-charge of a police station, let alone even a mere constable.
- Despite having submitted himself to the police voluntarily, he was still detained. Not only was he detained, but over detained unlawfully until this Honourable court granted him bail . This demonstrates the inherent vindictiveness of the complainant.
- When he submitted himself to the police voluntarily, the initial impression which only came out when the state outline in casu, was submitted to the accused, was that the accused had held political gatherings/meetings (See para 3 of state outline). What is of course strange is that the state does not make an effort to explain why the accused was never charged in respect of the actual reason why police summoned him to the police station in the first place. This is entirely consistent with the fact that the accused is an innocent civilian who is being persecuted for his political beliefs.
- Further and in any case, the accused requested further particulars of the alleged political gatherings/meetings on 17 February 2003. The State’s further particulars completely abandon the initial allegations of public meetings/gatherings and provide a completely new allegation that the accused had in April 2002 been taking photographs in Chimanimani and that such conduct offended ZANU PF supporters, (see para 2 of the State’s further particulars.) This material departure from its case is not explained at all and is again entirely consistent with malice and ulterior motives as the main drivers in this case. The State does not make any effort whatsoever to show why the alleged holding of a political meeting or the taking of photographs (even if these allegations are denied by the accused) should be an issue of police inquiry. The failure by the state to show clearly why the accused was wanted at the police station shows on a balance that the police were actuated by ulterior motives when they invited the accused to the police station.
- The complainant was in plain clothes and the accused was within his rights to expect him to identify himself.
- The complainant initially charged the accused with C/S 20 of the Public Order and Security Act (POSA) which offence is linked to public order and security and invites severe penalties if convicted. Yet the state allegations go no where near showing any involvement of the public. If anything the facts in the allegations if proved, show a minor conflict which did not warrant the complainant undergoing any medical treatment. Again this conduct by the complainant, shows not only abuse of power, but malice and ulterior motive and a determination to punish the accused by detaining him before this Honourable Court intervened and had him released on bail after overdetention.
- The state’s alleged facts which are denied, at best show a possibility of common assault. Yet the accused was detained for over 48 hours. This demonstrates malice ulterior motive and lack of professionalism on the part of the police.
- The complainant and other police details and CIO operatives tortured the accused person and his initial co accused while they were in detention. The complaint of torture was made to this Honourable Court at the first available opportunity by the accused. This Court ordered that a medical examination be done on the accused. Sadly the results of the medical examination show that the accused was indeed assaulted while in detention and suffered serious injury including a perforated eardrum. His initial co accused was also seriously assaulted while in detention. The police released him before Mr Kujinga saw him in order to conceal the fact of assault and also out of shame. Clearly the accused who is the actual victim of police brutality is in this position because the police as part of their wider abuse of power and the judicial process, have switched roles to portray themselves as the victims. This is consistent with selective application of the law which the complainant is guilty of since his assumption of office as Officer-in-charge at Chimanimani.
- It is also common cause and on record that the accused was denied access to his lawyer, Mr. Kujinga and also to his wife during detention. This was wanton violation of the law by the complainant. Sadly he has always done this with impuntiy in his area of authority to the extent at one time of chasing away in collusion with the CIO ,lawyers Ndhlovu and Maanda at gun point when they had gone to see their clients, one of whom incidentally was the accused in casu. On one occasion this Honourable Court had to issue an order directing the complainant and his fearsome partner CIO operative Joseph Mwale and sadly the Dispol Minor to produce the Hon MP for Chimanimani Roy Bennet who they had detained and tortured and denied him access to see his lawyer and family in September 2002. Given his track history, position in the police force, and control over the decision as to who should be charged, is it a wonder that he has managed to switch roles with the actual victim to become the complainant himself?
Clearly this is a case where this Honourable court must frown at the abuse of judicial process by the complainant who has a well documented history of unprofessionalism and partisanship, especially in a deadly and wicked partnership with arguably the most feared and cruel CIO operative Joseph Mwale in tormenting innocent, law abiding people in the Chimanimani area.
Dated at Mutare this 23rd day of June 2003
Arnold Tsunga
Counsel for the Accused
SEARCH Foundation, Rm 610, 3 Smail St, BROADWAY NSW 2007. Ph: +61 2 9211 4164; Fax: +61 2 9211 1407. Web: www.search.org.au
- promoting democracy, social justice and environmental sustainability -
|
|
You can make a difference
|
|
 |
Make a donation |
|
Support Zimbabwe at an event |
|
Lobby your local Government member |
|
Become a member of the ZIC |
|
