Military

DATE=5/19/2003

TYPE=CORRESPONDENT REPORT

TITLE=ZIMBABWE TRIAL (L-O)

NUMBER=2-303382

BYLINE= PETA THORNYCROFT

DATELINE=HARARE

CONTENT=

VOICED AT:

INTRO: The head of Zimbabwe's Central Intelligence Organization began giving evidence in the treason trial of Zimbabwe's opposition leader and two colleagues. Peta Thornycroft reports from Harare that some legal experts say his testimony cast doubt on a key piece of the state's evidence.

TEXT: The Intelligence Chief, Brigadier Happyton Bonyongwe, said an audio tape of opposition officials allegedly plotting against the government does not provide sufficient evidence to bring the three defendants to trial.

He says that is why he asked a Canadian consultant to make a videotape, which is now the state's main evidence. But only one of the three defendants, opposition leader Morgan Tsvangirai, participated in the meeting that was videotaped. The audio tape is a key piece of evidence against the other two men.

Some legal analysts say this statement could mean that the defense can now ask for charges to be dropped against members of parliament Welshman Ncube and Renson Gasela.

Brigadier Bonyongwe also said that the consultant who made the videotape, Canadian Ari Ben Menashe, switched sides, after being hired by the opposition he began working for the Zimbabwe government.

Mr. Ben Menashe was the state's first witness when the trial began in February. He was questioned extensively as the court saw the videotape, in which the state claims Mr. Tsvangirai plotted to assassinate President Robert Mugabe.

The opposition said last week it had sued Mr. Ben Menashe in Canada to recover money it says it paid him for lobbying work.

The treason trial is one of several ongoing High Court actions in which the opposition Movement for Democratic Change is a major player.

Last Friday Mr. Tsvangirai asked a High Court judge to recuse himself from a hearing related to the opposition's challenge of last year's presidential election results. The papers say the judge, Ben Hlatwayo, has received a formerly white-owned farm as part of the government's land-reform program. The opposition says that calls his impartiality into question

Mr. Tsvangirai's has filed papers to force the High Court to set a trial date, after many delays.

Meanwhile, in the same court building another trial is reaching a crucial stage. An opposition member of parliament is charged with murdering a ruling Zanu P-F party supporter nearly two-years ago. The government has used the killing to justify its claim that the opposition is a terrorist organization.

The only evidence the state has produced are statements made by two of the accused who said they were tortured into making confessions. (SIGNED)

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