Cablegate: Media Report - New York Court Decision On

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051324Z Nov 01

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FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 0201
INFO AMEMBASSY PRETORIA
AMEMBASSY LUSAKA
AMEMBASSY WINDHOEK
AMEMBASSY GABORONE
AMEMBASSY LILONGWE
AMEMBASSY LONDON

UNCLAS HARARE 003301

SIPDIS

AF/PD FOR COX, ROBERTSON, AF/S FOR KRAFT, AF/P, INR/R/MR,
NSC FOR JENDAYI FRAZER

E.O. 12958: N/A
TAGS: ZI PREL PHUM
SUBJECT: MEDIA REPORT - NEW YORK COURT DECISION ON
PRESIDENT MUGABE AND ZANU-PF.

1. THE GOVERNMENT-CONTROLLED DAILY "THE HERALD" DEDICATED
ITS NOVEMBER 3 EDITORIAL TO THE RECENT DEFAULT JUDGEMENT
AGAINST PRESIDENT ROBERT MUGABE ISSUED BY AN U.S.
FEDERAL COURT. THE RULING THAT PRESIDENT ROBERT MUGABE,
IN HIS CAPACITY AS THE FIRST SECRETARY OF THE RULING
ZANU-PF PARTY, IS LIABLE FOR DAMAGES RELATED TO
POLITICAL VIOLENCE IN ZIMBABWE WAS NOT WELL RECEIVED BY
THE PAPER. UNDER HEADLINE "U. S. COURT'S RULING
DEFIES LOGIC," THE PAPER COMMENTS:

2. "THE RECENTLY PASSED U. S. FEDERAL COURT'S RULING
DECLARING THAT PRESIDENT MUGABE CAN BE SUED IN THAT
COUNTRY AS THE FIRST SECRETARY OF ZANU PF, DEFIES ALL
LOGIC AND IS A TYPICAL EXAMPLE OF AMERICAN ARROGANCE
TOWARDS THE REST OF THE WORLD. . . BUT WE ALL KNOW THAT
THE MEANING OF JUSTICE AND FAIR PLAY HAS A DIFFERENT
INTERPRETATION IN AMERICA TO THAT OF THE REST OF THE
WORLD. OTHERWISE, WHERE ELSE IN THE WORLD WOULD A
LEARNED JUDGE PASS SUCH JUDGEMENT WITHOUT GIVING
AUDIENCE TO THE OTHER PARTY? ANY PROPERLY CONSTITUTED
COURT WITH THE DESIRE TO UPHOLD THE INTERESTS OF JUSTICE
WOULD, BEFORE HEARING SUCH A CASE, EQUIP ITSELF WITH
UNBIASED EVIDENCE OF THE SITUATION ON THE GROUND ON THE
GIVEN COUNTRY. . . IN THIS CASE IT SEEMS THE PRESIDING
JUDGE ALREADY HAD A PRECONCEIVED IDEA ABOUT ZIMBABWE AND
SAW IT FIT TO DISREGARD THE RULES OF JUSTICE. DESPITE
THE LAID-DOWN RULES, THE U. S. COURT ISSUED A DEFAULT
JUDGEMENT AGAINST ZANU PF WITHOUT ENSURING THAT THE
RESPONDENT HAD BEEN PROPERLY SERVED. . . THEREFORE,
SINCE IT IS QUITE APPARENT THAT SERVICE WAS NOT PROPERLY
EFFECTED, THE COURT SHOULD HAVE REFUSED THE HEAR THE
MATTER. . . ."

UNCLASSIFIED

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