Published by the government of Zimbabwe
2 February 2008
Harare — BRITISH mercenary Simon Francis Mann was on Thursday extradited to Equatorial Guinea to face trial for allegedly masterminding a foiled coup plot to overthrow the government of President Teodoro Obiang Mbasogo Nguema about four years ago.
His lawyer, Mr Jonathan Samkange, yesterday unsuccessfully sought an order in the High Court to have his client brought back to Zimbabwe claiming that he had been abducted out of the country in breach of his rights.
Justice Alfas Chitakunye dismissed the application on the grounds that when Mann was extradited to the oil-rich West African country, no appeal had been lodged with the Supreme Court.
As such, the court could not grant the relief sought.
Mr Samkange filed a notice of appeal at the Supreme Court at around 9am on Thursday, hours after Mann had already been handed over to Equatorial Guinea authorities for extradition.
He has expressed discontent over the manner in which his client's case was handled describing the action as "abduction".
He urged human rights groups the world over to rally behind him as he tries to rescue his client.
"It is an abuse of process," fumed Mr Samkange in front of local and international Press outside the High Court building.
"As far as I am concerned, that was abduction. He was taken against his will in total violation of his rights. They did not tell me as his lawyer. I am talking about rights here."
Mr Samkange vowed that he would "leave no stone unturned. I am taking the issue all the way to the African Commission and International Court of Justice in quest for justice."
Mr Francis Chirimuuta of Gula-Ndebele and Partners, who represented the Civil Aviation Authority said the ruling was very rational in the circumstances.
"The ruling was very rational and the action taken to extradite Mann was proper since there was no appeal at the High Court at the time of extradition, which could have suspended the deportation," said Mr
Chirimuuta.
Civil Aviation was cited together with the Minister of Home Affairs, Police Commissioner-General, Attorney-General and Immigration Authority, who were represented by Chief Law Officer Mrs Florence Ziyambi.
In their application, Mr Samkange sought an order compelling the State to bring Mann to court to prove that he had not been deported.
They also wanted an order nullifying the extradition on the grounds that it was irregular, since an appeal had been lodged at the Supreme Court.
But the Deputy Attorney-General in charge of the Criminal Division, Mr Johannes Tomana, in his affidavit filed with the court, opposed the application saying it was fatally defective and improperly before the court.
Mr Tomana said the purported application was between Simon Mann and the government of Equatorial Guinea. "Therefore, it follows that the principal respondent in this matter is not cited. On that basis alone this application is fatally defective and must be dismissed with the contempt it deserves," said Mr Tomana. Principal Immigration Officer Mr Evans Siziba in his supporting papers confirmed that Mann was extradited before the appeal was filed at the superior court. Mr Siziba said the police informed him to process Mann's extradition papers at about 01:30am on Thursday as his appeal had been dismissed.
"Thereafter I proceeded to collect the letter authorising the extradition of Simon Mann from the Acting Minister (Cde Nicholas Goche's) office," said Mr Siziba.
He said he was then accompanied to collect Mann from Chikurubi Maximum Security Prison by two police officers. "We collected him at about 4.20am hours and proceeded to the place of handover, which was Manyame Airbase. At Manyame Airbase we handed him over to the Republic of Equatorial Guinea authorities at 5:15am.
"They boarded an Airforce plane, which took off at about 5:50am," said Mr Siziba. In dismissing the appeal, the High Court noted that the government of Equatorial Guinea had established a solid case against the mercenary for purposes of extradition.
Before his extradition, Mann was being held in custody on an immigration warrant pending his deportation to Equatorial Guinea to face trial for plotting to topple President Nguema, after serving a four-year jail term for contravening the Zimbabwe firearms and immigration laws.
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