The Zimbabwe Guardian (London)
Ralph Mutema
20 June 2008
A HARARE magistrate has ordered the office of Zimbabwe's attorney general to investigate allegations that Movement for Democratic Change (MDC-T) Secretary-General, Tendai Biti, suffered abuse at the hands of police following his arrest at Harare International Airport.
Biti's lawyers said his arrest last Friday was tantamount to abduction.
They alleged that he taken from the airport to a location in Goromonzi without notifying anyone, where he was interrogated continuously for 19 hours, with no access to legal counsel.
A Harare Magistrate's Court has instructed the attorney general's office to fully investigate the claims and compile a report within 14 days.
Biti's lawyers are challenging the authenticity of the opposition MDC-T party's 'Transition Document' which their secretary general is alleged to have authored.
Biti's lawyer, Happias Zhou argued that the documents presented by State prosecutors were forged, calling them "a photocopy of a photocopy".
"There is not even an attempt to simulate the accused's signature," he said.
In reference to the bribery allegations against Biti, Zhou asked: "How can offering bribes constitute treason?"
Biti was charged yesterday -- a week after his arrest in Harare -- with contravening Section 20 of the criminal law codification act, among other charges.
One of the charges against Biti refers to accusations that he announced an MDC-T results tally before the official count was released by the Zimbabwe Electoral Commission (ZEC). He is also said to have made false statements 'prejudicial to the state'. Under Zimbabwean law, only the official body the ZEC is mandated to announce results
State prosecutor Florence Ziyambi yesterday read four charges in court, which included "subverting a constitutional government as defined in the criminal law".
The burden of proof rests on Biti and his defence team according to the state prosecutor.
"The onus is on the accused to prove that he has no connection with the public violence that is happening in the country," she said.
Citing the transition document, authorities accused Biti of authoring, Ziyambi said "the public violence, the rigging of elections was as a result" of them.
"They are alleging that the President is a criminal since they want to take him to the Hague," she said.
The accusations against Biti also include seeking to render the country ungovernable and possibly of resorting to an armed insurrection.
The court decides today (Friday) whether to dismiss or retain charges against the opposition leader.
Biti was remanded in custody.
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The burden of proof rests on Biti and his defence team according to the state prosecutor.
"The onus is on the accused to prove that he has no connection with the public violence that is happening in the country," she said.
Guilty 'til proven innocent? What a concept.
I once said that the rule of law had been eroded in Zimbabwe I was wrong. It has gone completely.