Zimbabwe appeals Tsvangirai acquittal

Zimbabwe appeals Tsvangirai acquittal

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By Constantine Chimakure

ZIMBABWE'S chief prosecutor has filed papers with the Supreme Court challenging the acquittal of opposition leader Morgan Tsvangirai on treason charges relating to an alleged plot to overthrow the government of President Robert Mugabe.

Acting Attorney General Bharat Patel filed papers with Zimbabwe's top court Monday as Tsvangirai was winding-up his tour of Europe before flying back to Zimbabwe on Thursday.

“An application for leave to appeal against Tsvangirai’s acquittal by the High Court was lodged with the Supreme Court on November 29 this year. This sets the motion for our appeal,” Patel said. “I cannot show the court papers to you at the moment because I am out of my office. Come tomorrow.”

However, MDC secretary for legal affairs David Coltart said he was not aware of the Supreme Court application. He said he needed to consult Tsvangirai’s lawyers as he was of the opinion that the Attorney General’s office had not lodged an appeal within the stipulated time.

“I am not aware of the application for leave to appeal. I need to consult Tsvangirai’s lawyers,” Coltart said. “To me it seems the Attorney General’s office is late in filing the application. I would have thought that their time to lodge the application expired."

Coltart, a Bulawayo-based lawyer, said normally applications for leave to appeal and appeals were done within 21 days.

But, last night Patel said he was not sure of what Coltart was referring to.
“I don’t understand what he meant. Anyway we needed to get the High Court’s final judgment record before we could proceed with the application. We have followed the law,” Patel said.

High Court Judge President, Justice Paddington Garwe on October 15 found Tsvangirai not guilty of high treason.

He was accused of plotting to kill President Mugabe ahead of elections controversially won by the Zanu PF leader in 2002.

Tsvangirai’s defence was that State security agents framed him, and Garwe ruled that the evidence was not sufficient to convict the MDC leader.
The case revolved around the testimony of Ari Ben-Menashe, a Canada-based consultant who was dismissed as unreliable by the judge.

Justice Minister Patrick Chinamasa hinted that the State would appeal against the judgment, arguing that Justice Garwe had played down the evidence tabled in court.
Daily Mirror
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