January 2012 Volume 39, Crime and Courts
Day 2 : Police slept when General died in the fire inferno
Harare,- The lawyer representing the Mujuru family in the inquest of the late army General Solomon Mujuru on Tuesday accused police officers guarding the farmhouse where the first Zimbabwean army commander at independence died in a mysterious fire of "negligence."
Conspiracy theories are being floated following the suspicious death of one of Zimbabwe’s founding fathers and a national hero in the war for independence, but analysts closely monitoring the inquest have already identified the plan to blame police officers and imaginary anomalies that would leave the final result hanging in the air.
He was one of Zimbabwe’s most powerful, wealthiest and feared politicians.
The general - nicknamed ‘the kingmaker’ - was married to Joyce Mujuru, one of the country’s two vice presidents. He and his wife were moderates in the ruling Zanu-PF party and key to the power-sharing arrangements between President Robert Mugabe and Prime Minister Morgan Tsvangirai.
Thakor Kewada of Scanlen and Holders legal firm, the lawyer for the Mujurus told the court at the continuation of the inquest Tuesday that the three police officers on duty at the Ruzambo or Allaimaine farm in Beatrice when General Mujuru died were to blame because they failed to notice that there was fire in the farmhouse were the former army commander was sleeping.
"I put it to you that you and your colleagues were negligent in your duties. I further put it to you that if you had correctly done your duties you could have put out the fire before it got worse," Kewada said in court.
"The reason (you did not put out the fire early) was that you and your colleagues were fast asleep in the guard room instead of patrolling. You only rushed to the scene after your colleague screamed that there is a fire."
Constable Obert Mark who testified Tuesday said the police communication radio they had at that time was defective adding that their superiors were aware of the problem.
He further said together with the other two officers their mobile phones did not have 'airtime' or 'credit' to react swiftly to the fire.
Mark said it took sometime for them to know the bedroom that was used by Mujuru and by the time they identified the room, the bedroom was already burnt out.
"Our superiors were very much cognisant of the fact that the radio was not working,"Mark said. "When we were posted it was never indicated to us which bedroom, the deceased used and we were also not allowed to get into the house."
Another constable who testified, Augustinos Chinyoka told the court that the fire brigade arrived at 5 am on August 16, 2011 at Allamaine farm without water to put out the fire.
Chinyoka said: "The fire brigade arrived at 5 am. They did not have water. I made enquiries with them and I was equally surprised that they did not bring water to the scene."
Vice President Joice Mujuru who sat in the inquest hearing asked two questions to constable Mark who was being cross examined and told the magistrate that she was not provided with statements of the witnesses who were testifying.
"I am the wife of the late General. First I was not given the time to see the statements from these young men (police officers)," Mujuru said.
"I am one of the people schooled in security matters. First before one is posted to a certain point they are addressed of the significance of that particular point and one would ask for how long has these policemen were on duty and at what time were they supposed to be rotated or changed,"Mujuru asked.
One of the private security guards manning the outer entrance of the three gates Clemence Runhare on Monday told the court that General Mujuru arrived at Allaimaine farm with an unidentified man but constable Mark and Chinyoka said Mujuru was alone. Runhare stunned the court saying he heard two gun shots two hours before he was called to help put out the fire.
Zimbabwe Republic Police officers manning the late Retired General Solomon Tapfumaneyi Mujuru’s Beatrice farm house are alleged to have failed to carry out their security duties in a proper manner.
Day 2 of the Mujuru death inquest Robert Mugabe's State media says the inquest has exposed what it says "a lot of anomalies in the conduct of police officers" tasked with providing close security to the now deceased General Mujuru, his family and his property.
The seventh state witness, Constable Obert Mark, who worked at Ruzambo farm for six weeks, was almost brought to tears by the Mujuru family legal representative, Mr Thakor Kewada who exposed inconsistencies in Mark’s testimony.
During the cross examination, Constable Mark was asked why they delayed in putting out the fire, but said he did not know the integral structure of the farm house as he was not permitted to enter the General’s house according to the briefing he received from his superiors.
Pressed further on their delay in attempting to rescue Cde Mujuru from the inferno, the constable said all doors were locked and the intense fire and smoke made entrance virtually difficult.
Constable Mark later conceded to having negligently performed his duties as he failed to safeguard General Mujuru as required by his duties.
It was also revealed during the inquest that the three police officers on duty during the fateful day had no means of communication to alert their superiors in cases of emergency as their field radio was dysfunctional and their cell phones did not have air time.
Vice President Joice Mujuru; Mr Joel Mujuru, who is a brother to the late General; Kumbie Mujuru, daughter to the late and his nephews all cross examined the constable over the delays in alerting the authorities and failure to save their relative.
Constable Mark admitted that there had been laxity in the security arrangements as they were operating in shifts by night.
Other inconsistencies exposed during the second day are as follows:
1. Clemence Runhare [the private security guard stationed 300 meters from the farm house] revealed in his testimony that he heard two gunshot like sounds around midnight.
However the police officers denied hearing explosive sounds (because he was in deep sleep, only to be awaken by the Security Guard who heard gunshots).
2. Runhare further mentioned seeing a passenger sitting in front with Cde Mujuru, yet the police officers remain adamant that the General was alone.
3. Runhare mentioned that he was notified of the fire around midnight whilst the police officers said they saw the fire around 2AM.
4. Finally, Constable Obert Mark is the only one who swears that the General appeared drunk, evidence which has been refuted by all the other six witnesses who have so far testified.
The trial was postponed to 09:30 hrs this Wednesday following concerns raised by the Mujuru family and legal representative over the failure by the state to avail them with the court papers in time.
After the trial postponement, Vice President Mujuru said the admission by one police officer of having failed to carry out his duties in a proper manner did not warrant her to condemn the entire police force.
She added that she was not amused by the fact that a trained police officer failed basic map reading as evidenced by Constable Mark’s failure to understand the ground plan of the main house during cross examination which is not expected of a police officer.
Some believe they are the real power behind the regime and that Mr Mugabe`s leadership would not survive without their support.
That is why the death of General Mujuru, 62, on August 15, 2011, in his farmhouse in Beatrice, 80km south of the capital, Harare, does matter. His death immediately raised suspicions about the cause of the fire on the 3,500 acre farm seized from a white farmer in 2001.
General Mujuru was the guerrilla commander of the Zimbabwe African National Liberation Army (ZANLA) - the armed wing of Robert Mugabe`s Zanu-PF movement which fought the white minority government of Ian Smith.
He led the armed struggle and convinced the freedom fighters to accept Robert Mugabe`s leadership.
He became the first Zimbabwe National Army (ZNA) chief of the general staff after the Lancaster House Agreements which led to the transformation of Rhodesia into Zimbabwe in 1980 and election victory for ZANU-PF.
Attempted plot
The general was also elected an MP for the north eastern Chikomba constituency but quit public life in 1995 to start a mining and farming business and made a huge fortune.
His long and close ties with Robert Mugabe broke down in 2007 when he and other generals were said to have attempted a plot to prevent Mr Mugabe standing as the Zanu-PF candidate in the 2008 presidential elections.
He was charged with corruption and fraud in his business activities in retaliation and he, and other Zanu-PF critics of Mr Mugabe were, apparently, put under surveillance by the country’s Central Intelligence Organisation (CIO).
The circumstances of General Mujuru’s death in the fire have raised considerable speculation. Senior members of the Zanu-PF and his family insist it could not be an accident.
Political circles
The basis for the conspiracy theory, rife in political circles, the media and popular comment, is based on General Mujuru`s body being burned to ashes, indicating that an accelerant component caused the fire.
Guy Watson-Smith, the former owner of the farm, worth more than US$2.5m, said fire would not spread through the building without a conductor because of the way it was constructed.
The family also say the general was active and still in reasonable physical health to be able to escape through the windows if a fire broke out. Some are considering asking foreign forensic experts to conduct an investigation.
Succession
Speculation exists too because his predecessor, Josiah Tongogora, died in a car crash and because the general’s death comes at a time in Zimbabwean politics when the issues of who might succeed the 87-year-old president are being discussed.
General Mujuru’s death certainly raises the prospect of serious clashes inside the Zanu-PF politburo. He promoted the political career of his wife, Joyce, and the two of them were seen as leaders of Zanu-PF`s moderate faction favouring better relations with Mr Tsvangirai - unlike Mr Mugabe.
Defence minister Emmerson Mnangagwa is seen as a possible Zanu-PF successor. There has always been fierce rivalry for control of the party between him and the Mujurus.
Now the general’s widow will have to fight without the benefit of the ‘kingmaker’ in succession politics and his influence in the party, the army and the security services.
