State prosecutor Johannes Tomana closed his case against MDC official Roy Bennett on Monday after he finished calling his witnesses. The MDC Treasurer General is facing terrorism charges, which he denies.

As soon as the State said it had no further witnesses to call the defence argued that the evidence that had been presented so far by the prosecution was not sufficient for the case to proceed, and that their client had no case to answer.

Bennett's legal team said that the prosecution had failed to prove a link between their client and Peter Hitschmann - who was the State's key witness.

Lead defence lawyer Beatrice Mtetwa also pointed out that Bennett's co-accused, Hitschmann, was in 2006 acquitted of the same charges facing Bennett.

She further argued that her client was facing charges under a repealed section of the Public Order and Security Act, and that throughout the trial the State had failed to produce sufficient evidence to prove that the MDC official had tried to sabotage and destabilise the government.

One of the defence's arguments was that the State failed to provide evidence proving the so-called e-mails which were allegedly sent between Bennett and Hitschmann were genuine.

The emails allegedly show communication between the two, and how they conspired to 'blow up communication lines'. They have both disowned the emails.

But Mtetwa showed the court that it is possible to create emails, as though they were coming from a particular email address.

"So we made an application in the court that the case against Mr Bennett be dismissed before he gives his evidence, because in our view there was no need for him to stand against something that has not yet implicated him," said another of his lawyers, Trust Maanda.

Mtetwa made an application for a discharge at the close of the State's case, which was immediately opposed by the prosecutor. The court is expected to hear the prosecutor's opposition to the defence application on Wednesday.

Maanda told SW Radio Africa that Wednesday's hearing will be a continuation of the State's argument, after which the court will say it needs time to look at the submissions and then make a decision.

He said at that point, if the judge accepts that there is no case against Bennett, he will be acquitted.

But if the judge agrees with the State then the matter will proceed and Bennett and his witnesses will take to the stand.