SW Radio Africa (London)
Violet Gonda
19 October 2009
The Roy Bennett case reached new heights of political interference on Monday, when the Attorney General Johannes Tomana personally appeared in a Mutare court to prosecute in the case of MDC Treasurer General.
He was flanked by other senior officials, including the Director of Public Prosecutions Florence Ziyambi and two law officers Michael Mugabe and Chris Mutangadura. Tomana told the court that he was handling the case because he wanted the matter to be dealt with as expeditiously as possible, because the matter has 'generated much national interest to the extent that it is threatening to divide the unity government."
Political tensions between the MDC and ZANU PF escalated last week following the arrest of the MDC Deputy Minister of Agriculture designate on Wednesday. This resulted in MDC President Morgan Tsvangirai announcing his party's 'disengagement' from ZANU PF, until all outstanding issues troubling the shaky new government have been resolved.
Bennett was subsequently granted bail on Friday and was supposed to appear in court Monday for the purpose of trial, which did not kick off because the Attorney General conceded that the MDC official had not been given adequate statutory notice for him to appear in court, as required by law.
One of the Defence Lawyers, Trust Maanda, said it is highly unusual for a whole team of senior officials in the AG's office to leave Harare to go to a province, to argue a case that could have been left in the hands of junior officers. Maanda said this is a sign showing there is much political interest in the matter: "We think that his coming down to Mutare spells out that there could be some pressure from somewhere else. And he (AG) actually indicated in court that there is pressure from somewhere else and he tried to produce a document from JOMIC which he said pushes him to act on this matter."
The Attorney General said he wanted Bennett's trial to start as soon as possible in the interest of the coalition government, and wanted the case to be heard on 27th October. But the defence team, led by Beatrice Mtetwa, disagreed with the proposed date because Mtetwa was going to be unavailable and the defence also wanted time to fully prepare. They also wanted the State to furnish them with the remainder of the indictment papers. It was then agreed that the MDC official will go on trial on terrorism charges on November 9th. Bennett denies all the charges.
Maanda says the personal involvement of the Attorney General means the case has been highly politicised. "In our view he didn't come to concede but to actually draw out the daggers," he said.
Meanwhile, lawyer Arnold Tsunga believes Tomana is raising the political pressure on the bench, to send a very clear message that the Executive has a serious interest in the matter. However Tsunga said: "Taking it seriously does not mean that the Attorney General has a good case and it shows some degree of reckless overzealousness and a direct impression that he is acting on executive instructions."
The lawyer said this also gives credibility to the general outcry that the role of the prosecutor needs to be separated from the government legal adviser role, so that the prosecutor's office is independent and insulated from political manipulation by the Executive.
He also said the office of the Director of Public Prosecutions must be an independent institution and have its relationship with the office of the AG clearly spelt out, in order to protect its independence.
Bennett's trial will now be heard in the High Court in Harare.
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Al liece by SW Radio.Lance Gonda and Violet Bell are at it again.How possibel radiostation 10.000 miles away is first with news.I tried and only ran 20km a day. Tomana no at court. Al anglosexon nosens.Shaman me told. Bennett bad man caus hees white. Mugabe clever to CNN.Piepel belief lies. See what happent radio ruanda.bad whites! My grandmother friends with Horaytio Nelson 1802. He eye on her.But no good swim. He one arm swimming circles.Kirsty Coventry good.I proud we medal.I never revert my shoepolish.We happy we black future.We support GNU.I like Africun soliutions.Me afraid violence.Better listen Mugabe so no ruanda for zimbabwiuns.we heroes.we never slaves again.British want colonaize us again.Me no want.Me now parttime job Harare librarary.Me now chief departement Zim literature befor 1870.Mama in Bulawayo proud.From Nelson no hear.He anglosexon no wan. All wites are blaim but me good.greets from PHIRI YOUR DYSLEXIC SHOEPOLISHER.