5 February 2003

Mozambique: Cardoso Murder: Further Version of Anibalzinho's Arrest

Maputo — The re-arrest of Anibal dos Santos Junior ("Anibalzinho"), the man who led the death squad that murdered journalist Carlos Cardoso in November 2000, came as an "unpleasant surprise to some factions of the Mozambican government and of the Frelimo Party", according to a report in Wednesday's issue of the independent newsheet "Mediafax".

Anibalzinho was illicitly released from the Maputo top security prison on 1 September 2002, and was recaptured by the South African police in Pretoria last Thursday.

According to "Mediafax", the people who provided the South Africans with the clues they needed were some high-ranking officials of the Mozambican Interior Ministry. But they did so in a personal, not an official capacity, and did not inform the minister, Almerino Manhenje.

The official structures of the Ministry were thus taken by surprise when the South Africans seized Anibalzinho and informed the Mozambican authorities. On Friday, they requested that the Mozambican ministry issue rapidly an extradition request, and, according to "Mediafax", were puzzled at the delay in making that request. (But this delay can only have been a few hours, since by 18.30 Anibalzinho was back in Maputo).

A further indication of the disarray in the Ministry of the Interior was the delay in issuing any statement. Several Mozambican journalists knew, from South African sources, of Anibalzinho's arrest by Thursday night, and sought in vain for a confirmation from the Mozambican side.

Tired of waiting for a Mozambican statement, Radio Mozambique put the story out, citing South African media sources, at the top of its 07.00 news broadcast on Friday morning. As "Mediafax" notes, the Radio "was the first to give the news, but their source was not, as might have been expected, minister Manhenje". Even after official confirmation by Mary Martins, official South African police spokesperson on the matter, the Mozambican Ministry took hours to confirm the story. Interior Ministry spokesperson Nataniel Macamo was reluctant to speak about the matter on Friday morning.

A brief Interior Ministry statement on the matter was only issued at about 14.00 on Friday, almost 24 hours after the arrest.

Anibalzinho's lawyer, Simeao Cuamba, has announced that he wants his client interrogated in court - Anibalzinho was sentenced in absentia to 28 years and six months imprisonment, but Cuamba says he has returned in time to be heard by the court.

"I shall appeal and ask for a retrial", Cuamba told the daily paper "Noticias".

"It is entirely legal that he be given the opportunity to speak before the court on the matters of which he is accused", Cuamba added.

Cuamba also represents Manuel Fernandes, who confessed to his part in the murder. Even so, Cuamba is pushing ahead with an appeal for Fernandes too. The defence lawyers for the other four men sentenced on Friday are also appealing, some on the grounds of inadequate evidence for a conviction, others arguing that the prison terms are too long. Wednesday is the final date for appeals to be lodged.

Meanwhile, the Supreme Court has not yet decided on an appeal lodged in the case of the BCM fraud. This fraud, dating from 1996, in which the equivalent of 14 million US dollars was stolen from what was then the country's largest bank, the BCM, underlies the murder of Cardoso.

Two of the men found guilty of the murder, former BCM branch manager Vicente Ramaya, and loan shark Momade Assife Abdul Satar, were key figures in the fraud. The fraud centred on Ramaya's branch, and the money disappeared via accounts opened in the names of members of the Abdul Satar family.

The case has taken so long to reach court, because the prosecutors initially appointed to handle it were in league with the Satar family. They disorganised the case file, and concealed evidence.

The entire case had to be reorganised and was only in a fit condition for trial in 2002. Then the accused appealed against the case going to trial, and this appeal is still before the Supreme Court.

A spokesperson for the Maputo City Court guaranteed that, as soon as the Supreme Court has taken its decision, the judge in the case will set a trial date and inform all those involved.

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