Tuesday, March 20, 2012

(NEWZIMBABWE, AP) Guilty verdicts in Gwisai violence trial

COMMENT - I heard an interview with Munyaradzi Gwisai's wife on the BBC, with Victoria Derbyshire. The problem is that if you don't have the right information, you can't ask the right questions. She sidestepped the fact that the Prime Minister, Finance Minister, Education Minister and more are MDC. These aren't minor positions, therefore talking about 'the Mugabe government' is off the mark. I like Munyaradzi Gwisai, but if you go for Egyptian style uprisings, expect Egyptian style reaction. Their meeting was infiltrated by a CIO agent, who got most of it on tape. More on the CIO officer, read here. This is on the 'false identity' of the police/CIO witness that she brought up as some kind of defense.

Anyway, the verdict is in. $500 fines each, and 420 hours of community service or 1 year in jail. I wonder whether this means she starts crediting President Mugabe with lenience, just as she accused the court of being political and this being a political prosecution.

Guilty verdicts in Gwisai violence trial
19/03/2012 00:00:00
by Phyllis Mbanje

HUMAN rights activist and university lecturer Munyaradzi Gwisai has been found guilty of conspiracy to commit public violence.

Gwisai, 43, and his five co-accused were arrested in February 2011 with 40 other people after authorities said they were plotting “Egyptian-style” uprisings to topple President Robert Mugabe’s government.

The group had originally been charged with treason, but that was altered to the lesser charge at the same time as charges were dropped against 40 people.

Prosecutors alleged during the trial which ended last week that the group met in Harare and watched videos of the North African uprisings. They also discussed plans to burn buildings and vehicles in Harare, the court heard.

Magistrate Kudakwashe Jarabini said Monday that prosecutors had proved their case against Gwisai, Antonater Choto, 36, Tatenda Mombeyarara, 29, Edson Chakuma, 38, Hopewell Gumbo, 32, and Welcome Zimuto, 25.
Jarabini said it would be an "insult" to a sound mind to accept that the meeting was “innocent”.

"Those who attended knew what was to be discussed and it cannot be disputed that they watched a video and even though that is not a crime, it is the motive behind that is questionable," he said.

"The video was meant to arouse feelings of hostility towards the government.
"The accused took turns in their speeches to incite people to revolt against the government like they had seen on the video."

After the judgment was handed down, most members of the group broke down in tears as supporters who turned up in huge numbers rallied around to comfort them.
However a defiant Gwisai, as he exited the court, shouted '"Aluta Continua! The struggle continues!"

Speaking to journalists outside the court, he added: "We are not deterred, we are not intimidated.

"To the ordinary people, this is not surprising. This is a staple of what is happening in Africa and across the world. So we take it as it comes, the struggle continues."

The six will return to court on Tuesday for a mitigation and sentencing hearing.
They each face up to 10 years in jail or a fine of US$2,000.

Meanwhile, Prime Minister Morgan Tsvangirai’s MDC-T party condemned the guilty verdict, dismissing it as "another assault on democracy".

"We totally condemn the persecution through prosecution of the six in the first place and their conviction at the Harare Magistrates' Courts is another assault on democracy and human rights,” the party said in a statement.

"We find it strange and barbaric that they are convicted for watching video material that is already in the public domain and can be accessed by anyone from anywhere in the world."

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