I spent most of today in the Supreme Court - with
Roy! Well, not exactly right next to him, but I spoke to him several times
briefly, despite the prison warders' attempts to prevent me. So did quite a few
others: the men were actually allowed to chat extensively - about rugby!! But I
was obviously perceived as a possible source of real information or
sth.
The court was packed. Unfortunately his case was
second, so we sat through an hour of another quite interesting appeal - James
Makamba and his purchase of a Zim house allegedly in GBP! Eventually the court
reconvened after 12 noon..the lawyers had been negotiating following the
Attorney General's concession that Roy's sentence was totally disproportionate
to his "crime" and also that Parliament had not been properly informed by the
Speaker that we were constituting ourselves into a court of law and that members
should not follow the Whipping system but vote as individuals on the merits of
the case. Whispers were that Roy would be released today, and we were just
going to argue that issue of release and let the other issues drop. And the
Attorney General's representative did indeed confirm those concessions as the
hearing opened.
Unfortunately I had to leave at that point, but
returned around 3.30 pm, to find the lawyer for the respondents, Chihambakwe, in
full flow, defending the sentence, etc. I had already been told that they
(respondents) had done an about-turn in the courtroom before lunch and reneged
on the previous agreement to just argue the detention issue -now they wanted to
argue the entire case in full!
Even more disturbing, however was the moment when
the AG's representative, Ms Gatsi, took the floor and announced that they were
WITHDRAWING the concessions they had made in the morning!! Chief Justice Chidyausiku asked her who gave her that
authority, and indeed who had authorised her to make those concessions in the
first place. She responded that it was her Director in the Civil Division, not
the AG himself, but on behalf of the AG, Gula-Ndebele. Roy's advocates then
responded - both from RSA, Jeremy Gauntlet and Adrian de Bourbon (ex Zim).
Gauntlet protested about the "dizzying" withdrawal of concessions, citing
various judgments, including Lord Denning, that a concession made in court on a
matter of fact cannot be withdrawn. (Do you believe Zimbabwe Supreme Court
judges will be swayed by such precendents?) He again questioned the mismatch
between offence and crime, esp. the issue of a custodial sentence and lack of
information to parliamentarians on procedure.
Chidyausiku then - predictably! - reserved judgment
- and Roy was escorted out, followed by the rest of us, back to his prison van
(a small Mazda B1800 or some such) and Chikurubi.
It was good to see Roy, and we know he got a big
morale boost from seeing us all and chatting and even laughing a bit - BUT..!
He has certainly lost a lot of weight, his face is very drawn and he looked
worried and even frightened at times, when I glanced at him and he didn't know I
was looking. He has grown a bushy beard, which is grey, his hair is quite long
and unkempt and he looks so much older. Also he was just wearing a
short-sleeved prison shirt - and long trousers for court but normally he just
wears shorts, again he had on takkies but normally only slops. It is winter
now, and we could tell he was feeling the cold, even in the courtroom where the
heating was on.
Heather was there, of course, also his sister and
many other family friends. Also 3 MPs - myself, Priscilla Misihairabwi-Mushonga
and Renson Gasela. Several other Harare MPs told me they were either queuing
for fuel or attending to the massive chaos of the current "operation arrest and
destroy everything" being carried out by the regime. Also present were Iain
& Kerry Kay and son Clive, Alan McCormick (Ian and Alan both "losing
candidates" in the recent election) a number of reporters, at least two
diplomats, lawyers (incl. Beatrice Mtetwa acting for Roy, Counsel for
Parliament..) and general supporters. When Roy arrived and got out of the van,
several women started weeping - he was so thin and they were so anxious yet
relieved to see him, it was too emotional for many. But he just laughed and
said "howzit, Trudy?" etc and "yea, I'm fine," grinning away - typical
Roy!
We waved and shouted "Stay strong" etc. as he was
driven away. But tonight, we know he will be cold and lonely, there in
Chikurubi maximum security prison - so I am sure all of us will be praying
especially hard for Roy, and for Heather and all their
family.