SW Radio Africa (London)
Violet Gonda
11 November 2009
High Court judge Justice Chinembiri Bhunu on Wednesday rejected the legal arguments from both the prosecution and defence teams in the 'terrorism' trial of MDC Treasurer General Roy Bennett. The legal teams had challenged each other's 'outlines' as the trial began on Monday.
The prosecution had sought to quash the defence case, saying it was invalid as it had not been submitted on time. The defence wanted to block the State's main witness, firearms dealer Peter Michael Hitschmann. Bennett's lawyers said Hitschmann should not be allowed to testify because he had been tortured into making false confessions.
But Justice Bhunu said both preliminary applications were dismissed to ensure that the matter was resolved on merit and not on technicalities. He said this was a serious matter that involved the life of a citizen, as well as the security of a country.
The trial of the MDC official, which has seen many delays since he was arrested in February, is now expected to begin in earnest on Thursday.
In handing down his ruling, the High Court judge said the prosecution can use Hitschmann to testify in the trial but he will allow the defence to question how the firearms dealer's confession was obtained.
Hitschmann was jailed for illegal arms dealings in 2006 and released in July. Originally his case of possession of weapons for terrorism purposes, the same charge facing Bennett, was dropped because the State could not substantiate any of the allegations against him. During his trial the High Court had acknowledged that Hitschmann's confession on the terrorism and banditry charges were made under duress.
It is not known how long Bennett's trial will go on for, although observers say it is likely to be a protracted and messy affair, especially as it has caused such serious tensions in the shaky inclusive government. Bennett, who is also the MDC Deputy Minister of Agriculture designate, has still not been sworn into government because Robert Mugabe says he faces serious charges.
Journalist Angus Shaw said: "The High Court goes on recess in mid-December and doesn't reconvene until February. So the worst case scenario is that this thing can go on in suspense until at least February, before we get a judgement."
He said that as this trial has been highly politicised it could be decided upon by 'higher powers' and it is anybody's guess as to the likely outcome.
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