Judge makes U-turn on open trial for 'coup plotters

Judge makes U-turn on open trial for 'coup plotters'

MNANGAGWA: Says allegations 'just stupid'

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By Lebo Nkatazo

SIX Zimbabwean men charged with a plot to overthrow President Robert Mugabe's government in a military putsch were denied bail on Friday.

Earlier, a judge had closed the proceedings to the public.

Charles Warara, a member of the six men's defence team told New Zimbabwe.com after the hearing that the men had been denied bail.

He said: "Our application was turned down. One, the court said they were likely to abscond. Two, it said it would jeorpadise investigations. We are yet to receive instructions on our next step."

Justice Tedias Karwi ordered that the bail hearing should be heard in camera after prosecutors said it was a sensitive matter that requires the total restriction of publicity.

The High Court judge somersaulted from his position last week that proceedings should be held in open court, saying that his utterances to that effect had been a sentiment and not a ruling.

The case has sucked in Rural Housing and Social Amenities Minister Emmerson Mnangagwa after prosecutors claimed that he would have been the chief beneficiary if the planned overthrow of President Mugabe's government had succeeded.

State lawyers said the alleged coup plotters had intended to install Mnangagwa as President if their mission had succeeded. Mnangagwa has dismissed the allegations as "just stupid".

The men’s alleged leader Albert Matapo, according to prosecutors, was going to be the Prime Minister.

“We would like publicity to be restricted in this case, that it be totally restricted. There are certain names which have been mentioned which need to be protected and other investigations are still ongoing,” prosecutor Lawrence Phiri said.

The prosecutor mentioned Charles Vhovha, nicknamed Musharukwa, as one of the names that would need protection, without saying who he is.

After considering the submissions by the prosecutor, Justice Tedias Karwi concurred: "This case is a very sensitive one. Therefore, I order that the case be held in camera and that this court be cleared of all other persons except the legal representatives."

Journalists and relatives of the accused men were immediately ordered out of the courtroom.

Defence lawyer Jonathan Samkange, in opposing the state’s application, had said the linking of Mnangagwa to the alleged plot to topple president Robert Mugabe’s government was done with “evil intent”.

Said Samkange: “My learned friend cannot talk of protecting names at this stage. There are names that have been mentioned maliciously and perhaps with evil intent. Names like Mnangagwa."

The lawyer also said the State's application that the hearing must be held in camera, would fuel gossip, rumours and suspicions.

Samkange said it was in line with a democratic state that the hearing be held in open court, adding that he wanted the police to explain how they had linked Mnangagwa with the alleged coup plotters who have denied ever meeting, or talking to him.

Samkange has argued that the men were not planning a coup but in fact were arrested during a meeting to form a political party.

But in papers before the court, prosecutors argue: "That all the persons were aware that they were involved in a military operation and not the formation of a political party is evidenced by the fact that all had code names: i.e. (a) Albert Matapo - Senior (b) Oncemore Madzurahona - TelOne (c) Emmanuel Marara- Tikrit (d) Shingirai Mutemachani- Lock (e) Patson Mupfure – Svosve (f) Nyasha Zivuku – Wezhira.”

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