The Law Society is considering intervening in the case of a solicitor who was imprisoned by the Zimbabwe authorities for asserting that evidence incriminating his client was obtained under torture.
Zimbabwean solicitor Mordecai Mahlangu was arrested when acting for Roy Bennett, a Zimbabwean farmer of European descent and member of parliament for the opposition Movement for Democratic Change.
Bennett is facing the death sentence or life imprisonment for alleged treason against president Robert Mugabe’s regime. Mahlangu argued that the charges were based on testimony from another European, who had been tortured and whose evidence was therefore inadmissible. Mahlangu was arrested for obstructing the course of justice. He has since been released, but is still under threat of further action. Bennett’s trial has been suspended.
Edward Mapara, secretary of the Law Society of Zimbabwe, who is currently at Chancery Lane taking part in the 2010 Commonwealth Professional Fellowship Programme, told the Gazette that defending political detainees like Mahlangu was a ‘nightmare’ in Zimbabwe.
‘Lawyers are associated with the "crimes" of their clients, and so Mahlangu – and other defence lawyers – stand accused of disloyalty to the state. He could be rearrested at any time.’
Mapara said that there were also doubts about the impartiality of many judges. ‘They have accepted formerly white-owned farms seized by the government and so there is an obvious conflict of interest.’
A Law Society spokesman said Chancery Lane was considering intervening on behalf of Mahlangu, but this could be viewed by the Zimbabwe government as interference by a past colonial power. He said: ‘Interventions can give a pretext for attacking lawyers and cause more harm than good.’
A spokesman for the Zimbabwe High Commission in London said he had been ‘unable to authenticate the details’ of the case. He alleged that the ‘dispute’ between Zimbabwe and the UK had led some journalists to publish ‘juicy news’ at the expense of the truth.
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