JUSTICE IN ZIMBABWE 128 ____________________________________________________________________ car and run away, his body ablaze. Talent Mabika followed behind, also in flames. [Daily News, ‘Witness in Tsvangirai's election petition case breaks down in court’, 1 March 2001.] A third witness arrived on the scene with police just seconds after the two victims had been set alight. Both the witness and the police saw the same vehicle, marked ZANU-PF Manicaland, driving away. Police followed the truck, but later came back saying they had failed to locate it. Meanwhile, the third witness said, he found Tichaona Chiminya dead but Talent Mabika shouted that CIO agents from Murambinda had killed her. She died soon afterwards, he said. [Daily News, ‘Court hears harrowing tale of MDC poll agents’ murder’, 22 February 2001.] Kainos Tom Zimunya was later taken into custody briefly, then released by police. No one else was ever arrested in connection with these political killings. Other witnesses in the challenge to the election results in Buhera North constituency told the court that they had been beaten by a CIO agent about the face and neck with empty beer bottles. Another witness testified that she was kicked and punched by a CIO agent for chanting MDC slogans. Fifteen ZANU-PF supporters allegedly beat a witness because he wore an MDC T-shirt. A woman stated that ZANU-PF youths forced her to march to their rally, then took her to a secluded place and threatened her with death. Others reported threats to burn their homes and crops if they voted for the MDC. Judge Devittie ordered that Joseph Mwale and Kainos Tom Zimunya appear in court by 26 March 2001 to give evidence in the case, but neither appeared in court although police served summons on them at two police stations. Police said they could not locate either of them to serve the court summons. [Daily News, ‘Named killers disappear’, 27 March 2001.] No further action was apparent on the part of the police, once they indicated that they could not find the two alleged killers. According to one human rights lawyer familiar with the case: ‘There was a deliberate attempt by the state to subvert the whole process. These two alleged killers were CIO operatives - this was not a disputed fact but a known fact demonstrated in court - so the state should be able to deliver summons to them.’ [Amnesty International interview, December 2001.] When he made his final judgment, Judge Devittie also ordered that the record of the court proceedings be sent to the Attorney General’s office, saying that according to Section 137 of the Electoral Act evidence of corrupt practice or illegal practice shall be forwarded to the Attorney General for prosecution. [High Court Order HH 67/2001 HC 8139/2000, ‘Buhera North Election Petition’.]