Upon
investigations, police recovered two documents containing the alleged false
information. A document marked ECZ/FL030 entitled “March 2010 Progress Report”
was recovered from the appellant's residence at number 2301 Chikanga Phase 2,
Mutare. That document reads in part –“ ...
Upon
investigations, police recovered two documents containing the alleged false
information. A document marked ECZ/FL030 entitled “March 2010 Progress Report”
was recovered from the appellant's residence at number 2301 Chikanga Phase 2,
Mutare. That document reads in part –
“ CENTRE FOR RESERACH
AND DEVELOPMENT
GRANT
NUMBER: ECEZ/FL030
CHIADZWA
WATCH
MARCH
PROGRESS REPORT
OBJECTIVES
-
To identify victims of military and police brutality at Chiadzwa and record
testimonies on affidavits as evidence of abuse.
-
To identify perpetrators from the army and police who committed human rights
abuse in Chiadzwa and create a database for further prosecution.
-To
obtain documents that proves that human rights abuses were committed in Chiadzwa.
The documents include hospital records, post mortem reports and burial orders.
-
To identify victims that needs treatment.
PLANNED
ACTIVITIES
-
Victim identification.
-
Perpetrator identification.
-
Gathering documents.
-
Treatment of victims.
PROGRESS
ON THE PLANNED ACTIVITIES
1.1 Victim
Identification
In
the month of February, 15 victims were identified in Chimanimani, Chakohwa and
Marange. Of these 15 victims, two were bitten by dogs, 2 were shot by guns, and
11 were assaulted. The CRD field officers interviewed the victims and recorded
their testimonies on affidavits. The victims were abused heavily by police,
soldiers and security guards in Chiadzwa.
1.2 Perpetrator
Identification
The
Centre for Research and Development interviewed the victims and eyewitnesses of
the Chiadzwa atrocities and came up with a list of perpetrators. These are
mainly soldiers and policemen employed to guard the diamond fields but ended up
killing and maiming civilians. Following are 8 names of some perpetrators of
Chiadzwa atrocities we managed to track during our research.
·
Constable Sam ZRP Marange 49-0731855-49;
Force Number 060021P.
·
Officer Commanding Mutare Rural, O.C. Govo.
·
Colonel Emmanuel Karande.
·
Officer Commanding Nyanga District, Chief
Supt. Chani
·
Officer Commanding Chipinge District, Supt.
Jaboon.
·
Constable Muza, who is based at Chikurubi
Support Unit.
·
Supt. Chipanda from Support Unit.
·
Senior Assistant Commissioner Matutu.”
The
report goes on to talk about the treatment of victims at various hospitals and
clinics. It also talks of the sighting of dead bodies of victims of the alleged
abuse and atrocities at various mortuaries. The sighting of graves of victims,
burial orders and so on and so on.
The
second document is an e-mail which the State alleges contains evidence of the
publication of the above documents to various people, including one Tor-Hugne
Olsen, Anton Dekker and Gabriel Shumba. The email is addressed to the
appellant, Farai Maguwu, and is copied to other three recipients. It appears to
be a response to the above report seeking further clarification of the alleged
abuses and atrocities. The e-mail reads in part -
“Dear
Farai
Thank
you very much for this report.
I
have some questions and comments that I hope you and your colleagues can answer
and that these comments can be useful in future reports.
1.
The report starts with information about a sharp increase in the number of people
assaulted in the month of April. This is, indeed, interesting. From your
description of the assaults, some of these seem to constitute torture. Have any
of your team had any training in identifying what constitutes torture? Are you
in touch with organisations that could help you differentiate between assault
and torture: (Csu).
2.
Further down in the introduction you inform there is a(n) increase of human
rights violations against community members in three named communities; can you
provide figures compared to last month as you did with the assaults? (This
later seems to increase to four and I fail to understand how, see below).
3.
You are using the terms human rights violations and human rights abuses and it
is a bit unclear if you are distinguishing between the two. I understand it as
you are describing here is mainly human rights violations as (as in committed
by the State and its apparatus i.e.ZRP and ZNA) and not so much human rights
abuses (committed by non-state actors, individuals, terrorist groups, etc). For
example, in the introduction, you are using both terms which might be
confusing, and in 1.2 the fourth brigade should clearly be a human rights
violation and not abuse. I should think similarly 1.3..,.”
It
is common cause that the above report, in fact, contains prima facie false
statements as no-one has suggested that the statements true or has reason to
believe that the statements may be true.
An
offence punishable by up to twenty years imprisonment is undoubtedly a serious
one. The State alleges that the appellant makes a living out of publishing
false information detrimental to his own country. That kind of behaviour, if
proved, is treacherous and abominable, particularly in these times of national
economic strife.
I am not persuaded that the State case is
weak, as alleged by the defence, having regard to the concrete documentary
evidence I have adverted to...,. The evidence is, in my view, damning, unless
some witnesses turn hostile or are severely discredited as happened in the case
of Sate v Bennet HH79-10.
The
sufficiency of evidence is, however, within the purview of the trial court.
Suffice it to say, at this stage, the available evidence points to a strong
case against the appellant. It is my considered view that no-one has the right
to publish false information or statements to the detriment of others. If it
were so, that would make nonsense of the law of defamation and perjury.
In the result, having found no misdirection on
the part of the presiding magistrate it is accordingly ordered that the appeal
be and is hereby dismissed.
