SW Radio Africa (London)
12 November 2009
The trial of Roy Bennett, the MDC Treasurer General took a new twist on Thursday when his lawyers filed an urgent application calling for the recusal of High Court Judge Justice Chinemberi Bhunu from the case.
A statement by the Zimbabwe Lawyers for Human Rights (ZLHR) said the application was made when it came to light that the judge had in 2006 considered and dismissed a bail application filed by Peter Michael Hitschmann when he was facing similar charges to those in Bennett's current case. Hitschmann was later acquitted of the charge by another High Court judge.
The State is alleging that Bennett was an accomplice of Hitschmann, who the State has listed amongst its witnesses.
Defence lawyer Beatrice Mtetwa, said proceeding with the trial under Justice Bhunu would be prejudicial to Bennett since the Judge had already made comments that could be prejudicial to the former Chimanimani legislator's case and which called into question his impartiality if he were to continue with the case.
The ZLHR said Justice Bhunu will decide whether to recuse himself or not on Monday 16 November.
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Mugabe should retreat on Bennett issue, because the change he tried to resist is fast becoming a reality.