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03/23/2004:

"Zimbabwe: Suspected terrorists' trial set for Chikurubi"

By Fidelis Munyoro, www.herald.co.zw

THE remand hearing of the 70 suspected terrorists linked to an alleged coup plot in the Equatorial Guinea will be conducted at Chikurubi Maximum Security Prison, the High Court ruled yesterday.

The hearing is expected to start today.

Justice Tedias Karwi dismissed an urgent application by the suspects' lawyers for the hearing to be conducted in a public court at the magistrates' courts.

He said Chikurubi Maximum Security Prison was the only compromise venue for the case taking into account the interest of justice and that of the State, as well as the logistical problems facing the prison authorities.

"The application is dismissed. The remand hearing will be held at Chikurubi," said Justice Karwi.

"A large room must be provided to accommodate more than 100 people seated at a given time."

Justice Karwi said all interested people, including the suspects' relatives and members of the Press, should easily access the venue provided they comply with the prison regulations.

The defence, led by South African Advocate Francois Joubert, had challenged the request by the State that the hearing be held at the maximum security prison.

Adv Joubert told the court that for justice to prevail the suspects' remand should take place in an open court for everyone to see that justice was indeed being done.

He said holding the proceedings at Chikurubi infringed the rights of the alleged terrorists' to a fair trial.

"They have a clear constitutional right to a fair trial in terms of the Constitution of Zimbabwe.

"Justice should not only be done, but must be seen done," said Adv Joubert.

The defence had suggested that the suspects be brought to court in batches of at least 10 at a time.

This would lessen the State fears regarding the security concerns, the defence said.

The court heard that the place at which the hearing had been suggested to take place could not accommodate many people.

The defence wanted a venue that could accommodate relatives, friends, media personnel and the public.

Mrs Marry Zimba-Dube of the Attorney General's Office opposed the application.

Mrs Zimba-Dube said the maximum prison was a gazetted court according to the laws of this country.

She said there was no basis for objecting to the remand being conducted at the prison.

Mrs Zimba-Dube said the alleged terrorists consisted of a highly trained and organised military group, which called for close security.

"The security measures that are in place at Chikurubi make it highly unlikely that they would succeed if they attempt to escape," she said.

The suspected terrorists were arrested on March 7 in Harare on their way to the West African country to oust the government of Teodoro Obiang Nguema.

They are detained at Chikurubi prison.

The suspects, comprising men from South Africa, Angola, Namibia, Democratic Republic of Congo and one from Zimbabwe, were arrested after their United States-registered Boeing 727 plane landed at Harare International Airport and was impounded by the security authorities.

When they appear in court, the State is likely to charge them with contravening the Immigration, Firearms and Public Order and Security Acts.

If convicted under these laws they are likely to be sentenced to 10 years in jail.

They also face an extra charge of "contravening United Nations resolution 1373 (2001) and UN resolution 1456 (2003)" for "conspiring to commit international terrorism".

Mr Jonathan Samkange of Byron Venturas and Partners, instructed by Adv Joubert, is representing the accused, while chief law officer Mr Stephen Musona of the Attorney General's Office, assisted Mrs Zimba-Dube, is appearing for the State.