Zimbabwe Standard (Harare)

Zimbabwe: Roy Bennett Challenges Indictment

The High Court yesterday postponed the trial of MDC-T treasurer general, Roy Bennett on terrorism charges after his lawyers challenged the way he was indicted. Bennett's case was supposed to open tomorrow and a new trial date will now be set by the court.

Chris Mutangadura from the Attorney General (AG)'s office said the State consented to the postponement following a brief appearance before High Court Judge Justice Lavender Makoni.

"We have conceded that we did not give the defence enough notice as required by the Criminal Procedure and Evidence Act," Mutangadura said.

"They will now make an application for postponement of trial on Monday, which application the state will not have any problems with."

Bennett's lawyer, Beatrice Mtetwa had intended to file an urgent chamber application seeking to declare null and void her client's indictment.

"The state has agreed that they did not comply with mandatory provisions of the law when they indicted us," she said.

"We will seek a postponement on Monday and the state said they will not oppose it."

Mtetwa said the prosecution wanted the trial to start on October 27 but the lawyers will seek more time.

Bennett, who is still to be sworn as Deputy Minister of Agriculture eight months after the formation of the unity government, was set free by the High Court on Friday.

His bail had been revoked by the Mutare Magistrates' Court two days earlier following the indictment.

On Friday, High Court Judge Justice Charles Hungwe re-admitted Bennett to bail on the conditions spelt out by the Supreme Court in March.


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