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Mutasa case: CIO bosses to stand trial
Clemence Manyukwe Staff Reporter
TWO Central Intelligence Organisation (CIO) bosses in Manicaland will stand trial in September for allegedly intimidating witnesses into withdrawing violence charges against supporters of State Security Minister Didymus Mutasa.
Innocent Chibaya, head of the CIO in Manicaland, and Denford Masiya, a senior intelligence agent in Rusape, escaped detention yesterday only because the Attorney-General's Office did not request that they be jailed pending the start of their trial.
Chibaya, Masiya and three others — Rusape District Administrator Cosmas Chiringa, Simbarashe Muzariri and Robson Makoni — appeared before High Court judge Justice Anne-Marie Gowora, but their trial was postponed until all court documents relating to the matter have been submitted to court.
"He (Prosecutor Andrew Kumire) is a very understanding prosecutor. He has not requested that your clients be held in custody," Gowora told defence lawyers.
Kumire is representing the state in a case that was previously led by Manicaland area prosecutor Levison Chikafu, detained last month by police in what his lawyer claims is intimidation for the prosecutor's role in the matter.
The group would have been tried together with Justice Minister Patrick Chinamasa, but the trial was split.
Chinamasa was acquitted on charges of attempting to defeat the course of justice, and last month the A-G's office withdrew a High Court appeal against the acquittal. The A-G's office has not given reasons for its controversial decision.
Chibaya's trial had initially been due to open on Monday last week, but it was adjourned after defence lawyers demanded a transcript of Chinamasa's trial and judgment, among other documents.
Defence lawyer Deepak Mehta said they had "made fairly good progress, but not complete progress" in getting all the required documents to court.
Chibaya, Chinamasa and the other five allegedly intimidated war veteran James Kaunye into withdrawing charges against 32 Mutasa supporters.
The group assaulted Kaunye as he mounted a challenge against Mutasa for the right to represent ZANU PF in Makoni North in the 2005 general election. The other accused person died before the trial.
The Rusape magistrate's court convicted 16 of the ruling party members, 11 of whom have since been released from prison.
Chibaya was a member of a commission appointed by President Robert Mugabe in 2004 to investigate violence between rival factions of his party.
The commission's findings were never made public. However, in December 2004, Police Commissioner Augustine Chihuri said Mutasa had a case to answer. Mutasa denies any wrongdoing.
In a recent interview with The Financial Gazette, Kaunye was evasive on whether he would again challenge Mutasa in ZANU PF primaries for the 2008 poll. He said "the people" would decide.
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