The Herald (Harare) Published by the government of Zimbabwe

Zimbabwe: Chinamasa Trial Opens

Harare — The trial of Justice, Legal and Parliamentary Affairs Minister Patrick Chinamasa opened here yesterday with the key State witness alleging that the minister coerced him to withdraw public violence charges against a fellow party cadre in return for a lucrative business and political position.

The witness -- Mr James Kaunye -- told retired magistrate Mr Phineas Chipopoteke, who is presiding over the case, that Chinamasa visited him at his Yorkshire Farm in Headlands and offered him another farm of his choice, failure of which he (Chinamasa) promised to influence the District Development Fund (DDF) to build a dam at Yorkshire.

The justice minister, the court heard, promised to help him to start a cattle ranching project and to ensure that he got a senate post.

Yesterday, Chinamasa, who was clad in an olive green suit, was formally charged with obstructing the course of justice, but he vehemently denied the charge, saying he only visited Mr Kaunye's farm to broker peace and cultivate comradeship.

Mr Kaunye, who was brutally assaulted by Albert Nyakuedzwa and 23 others in skirmishes that rocked Makoni North constituency prior to the Zanu-PF primary elections in 2004, stood by his allegations.

Nyakuedzwa has since been convicted and is serving a three-year jail term for assaulting Mr Kaunye and other ruling party supporters.

The case against Chinamasa is that he allegedly tried to block Mr Kaunye from pressing charges against Nyakuedzwa and to testify as a State witness as the case would tarnish the image of Cde Didymus Mutasa, the Minister of State for National Security, Lands, Land Reform and Resettlement, who had been sucked into the issue.

Apparently, violence erupted when Mr Kaunye declared his intention to challenge Cde Mutasa in Makoni North constituency.

Yesterday, Chinamasa -- through his lawyer Mr James Mutizwa of Chihambakwe, Mutizwa and Partners -- dismissed the allegations as "baseless, false and malicious".

In his evidence-in-chief, Mr Kaunye said Chinamasa visited him and toured his Yorkshire Farm, discussing agriculture before revealing that he had come there specifically to have him consider withdrawing charges against Nyakuedzwa.

Mr Kaunye said the minister told him that if he did not drop the charges, this would tarnish the image of the ruling party, Cde Mutasa and that of President Mugabe.

"He further explained that (United Nations Secretary General) Mr Kofi Annan was expected to visit the country and when he comes, the publicity would be focused on Minister Mutasa and this meant that the party and the President would be blamed for appointing people like that," Mr Kaunye said.

He also said Chinamasa further explained to him that if he withdrew the charges against Nyakuedzwa, he would facilitate the dropping of charges of attempted murder he was facing.

"He (Chinamasa) further stated that he could assist me in a case of attempted murder I was facing. He also explained he would assist me to get an offer letter of Precinct Farm which I wanted," he said.

Chinamasa, added Mr Kaunye, also explained that if he failed to secure the farm for him, he would also assist him to construct a dam and a cattle pen at his Yorkshire Farm.

"He said he would convince officials from the District Development Fund to facilitate the construction of the dam and cattle project in return for the withdrawal of the charges," he said.

Mr Kaunye also said Chinamasa promised him that he would be appointed senator for the constituency.

"He (Chinamasa) told me that a bicameral system was being reintroduced and the party wanted two-thirds majority. He said he was going to facilitate that I become a senator after I withdrew the charges," he added.

In his defence, Chinamasa stated that he went to Yorkshire Farm in Headlands on December 18 last year and this was his second visit to Mr Kaunye.

He said he had earlier visited the farm sometime in August or September about a week after the political violence which had flared up at Mutiwegora Church.

Chinamasa said the visit was necessitated by his concerns with violence which had occurred among Zanu-PF members in Makoni District.

He said he hoped that his intervention would help clarify Mr Kaunye's candidature in the Zanu-PF primary elections.

The purpose of the December 2005 visit, Chinamasa said, was also to follow up on reports made earlier that Mr Kaunye was inciting war veterans in Manicaland to turn against the political leadership in the province.

The two separate visits, said Chinamasa, were his sole initiative and at no one's instigation, although Mr Kaunye insisted that Chinamasa was too close to Cde Mutasa to be a neutral arbitrator.

The minister said his interest was to try and get to the bottom of the violence in order to establish the cause of the disturbances, which initially sucked in the Cde Mutasa.

Cde Mutasa was later absolved although 23 of his supporters were dragged to court over the violent attacks and some of them were jailed while others were cleared of the charges.

Chinamasa said he had met Cde Mutasa earlier and heard his side of the story and what he wanted was to also hear from Mr Kaunye.

He said Mr Kaunye willingly gave his side of the story in which he stated that the violence was caused by Cde Mutasa's supporters.

He said the discussion was lengthy and ended in agreement that what had happened at Chendambuya was not in the interest of party unity in the province, especially in the run-up to the March 31, 2005 parliamentary elections.

The minister said he discussed Mr Kaunye's candidature in the elections in which he wanted to stand against Cde Mutasa and he offered to arrange a meeting between the two.

Chinamasa said Mr Kaunye revealed to him that he had a problem with Cde Mutasa whom he described as "a very bad man".

Chinamasa also said he learnt that there was bad blood between Mr Kaunye and Cde Mutasa as Mr Kaunye pointed out to him that Cde Mutasa had blocked him from an appointment as Zanu-PF provincial administrator.

Chinamasa said Mr Kaunye also revealed to him during the visit that after being nominated by Makoni District for a position in the provincial executive council, Cde Mutasa had caused his name to be removed from the nomination list.

He also said Mr Kaunye claimed that Cde Mutasa had also blocked him from filling a vacancy at the Grain Marketing Board and instead hoisted Nyakuedzwa into the place.

Chinamasa also said Mr Kaunye had disclosed to him that Cde Mutasa had directed that he should not be allocated PrecinctFarm.

"To James Kaunye, therefore, Minister Mutasa was bent on making him suffer and so the witness (Mr Kaunye) had to fight back," Chinamasa said in his defence.

Chinamasa said because of the intense hatred Mr Kaunye had against Cde Mutasa, he was being caught in crossfire.

"This witness seems to harbour hatred against all people whom he perceives as Minister Mutasa's allies or associates and he will fight and try to destroy them.

"He will say that in the accused (Chinamasa), the witness saw and sees an extension of Minister Mutasa and it is not difficult to see the witness's motive for lying against the accused," Chinamasa further stated in his defence.

Chinamasa also denied acting on behalf of Cde Mutasa or any other ruling party member.

As a lawyer, former Attorney General and currently the Minister of Justice, Chinamasa stated that he had no power or influence over the Attorney General whose decision is independent about whether to prosecute or not to prosecute anyone.

He also denies offering to construct a dam or a cattle pen for Mr Kaunye if he withdrew the charges against Nyakuedzwa.


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