Harare — A Mutare magistrate will today rule whether or not MDC-T treasurer-general Roy Bennett should be indicted for trial in the High Court on Monday on charges of possessing arms for purposes of terrorism and banditry and inciting acts of insurgency.

If indicted, the State has said it will oppose bail and have him locked up ahead of the trial.

Chief law officer Mr Michael Mugabe, with the assistance of Mr Chris Mutangadura, of the Attorney-General's Office, yesterday applied for the indictment of the former legislator in the High Court when it sits on circuit in Mutare next week.

Yesterday, the State told Mutare magistrate Mrs Lucy Mungwari that investigations were complete and Bennett should be indicted for trial in the High Court.

When an accused is indicted, he or she should be remanded in custody unless the State is not opposed to his release on bail.

The State has indicated that it will oppose bail once the indictment is done.

Bennett's defence team, led by Mrs Beatrice Mtetwa, made a counter application challenging the indictment saying the State should have given their client notice for indictment as required by the law.

Mr Mugabe, in his application argued magistrate Mrs Mungwari had no jurisdiction to hear the matter and, therefore, Bennett should be indicted to appear before the High Court.

The High Court's third and final session will commence in Mutare next Monday.

Responding to the defence application to have Bennett removed from remand following the failure to have his trial commence, Mr Mugabe argued that an accused already on remand could be indicted at any time of his or her appearance.

Mrs Mtetwa had submitted to the court that it was not proper for the State to indict Bennett at this stage.

She cited Section 66 of the Criminal Procedure and Evidence Act, which reads: "Any summons shall be served, by a person authorised to serve criminal process, upon the accused person to whom it is directed, either by delivering it to him personally or, if the accused cannot conveniently be found, by leaving it for him at his place of business or most usual or last known place of abode with some inmate thereof."

But Mr Mugabe argued that the mere fact of the State indicting Bennett to appear before the High Court was a notice in itself.

"The State in its opening remarks did not hide its intentions to indict the accused person to stand trial before the High Court.

"This is sufficient notice on itself and I am not aware of any notice, which can surpass this.

"The magistrate's court cannot quash an indictment for a matter that it has no jurisdiction over.

"There is no way the trial can commence before the accused person is indicted.

"The State is more than prepared to proceed with the trial, but because the accused person needs to be indicted first we are doing that today (yesterday)," said Mr Mugabe.

Mrs Mtetwa responded: "The State deliberately presented to the court that today (yesterday) will be a trial date to avoid the consequences of the court ruling, a practice which the court always frowns upon.

"If the trial cannot proceed today (yesterday), the accused person should be removed from remand and the State is free to follow whatever rights it has in terms of the law to bring the accused to court," she said.

Mrs Mungwari adjourned the matter to today when she is expected to make her ruling.

Charges against Bennett arose between 2002 and March 2006 when he allegedly provided one Peter Hitschmann with money for the procurement of 26 grenades, two-schermuly signal smoke hand, 12 rifles and otherweapons.

After that, the State alleges Bennett incited Hitschmann to use the weapons to knock down a microwave link situated at a kopje along Melfort-Bromley Loop Road.

It is alleged Hitschmann used cellphone disabling devices to block cellphone signals and to detonate anti-riot water cannon trucks used by police.

According to the indictment papers, 12 witnesses are expected to give evidence for the State.

Bennett was arrested in February this year upon his return from South Africa where he had fled to as a fugitive in 2007.

Police, who had received information that Bennett was returning home, arrested him at Charles Prince Airport in Mt Hampden.

He was denied bail by a Mutare court only to be released by the Supreme Court a month later on US$5 000 bail.

He was also ordered to surrender his passport and to report to the police twice a week.

Last month, Bennett -- who is the MDC-T's nominee for the post of Deputy Agriculture Minister -- lost a bid to have his bail relaxed.

He also wanted his reporting conditions cancelled to allow him to travel to South Africa on business and to sort out his citizenship issues in that country.