Harare — ATTORNEY-GENERAL Mr Johannes Tomana says MDC-T treasurer Roy Bennett charged with possessing weapons for terrorism and inciting acts of insurgency has a case to answer and should be placed on his defence.

Mr Tomana, who was responding to the defence application seeking to have Bennett acquitted at the close of the State case yesterday, urged the court to dismiss the application saying it lacked merit.

The Attorney-General wants Bennett to clarify several unclear issues in his evidence-in-chief but the defence argues that the State should not use Bennett to bolster its case.

If the court rules in favour of Bennett, he will be acquitted.

But should the court rule in favour of the State, Bennett will be placed on his defence to explain the basis upon which he denies the charges.

Mr Tomana further contends that the State has successfully proved a strong case against Bennett warranting his placement on his defence.

The charge sheet, Mr Tomana argued, was very competent and that the State's computer expert Mr Denshad Mutsetse was a credible witness despite the defence's claim that he had no credible professional qualifications to be called an expert.

Mr Mutsetse is a holder of three certificates in different computer courses and the defence produced a document claiming he had less than three Ordinary Level passes and that he had worked for TelOne as a general hand.

"The State's witnesses appear more credible. The State has succeeded in proving a prima-facie case against the accused on a balance of probability.

"Expertise has got nothing to do with certificates held, but skills. Failure to present high paper qualifications does not take away Mr Mutsetse's expertise," Mr Tomana said.

He added that even if the court finds that the alleged offences were committed after the repeal of Section 10 of the Public Order and Security Act, Bennett might be convicted of the alternative charge -- illegal possession of firearms.

Mr Tomana said the defence's submissions were fraught with improbabilities and deliberate lies.

He maintained that the e-mail evidence was genuine and admissible in court.

However, Ms Mtetwa said the State's response to her application only scratched on the surface and that the AG deliberately ignored the essential submissions she made in the application.

"My learned friend (Mr Tomana) has deliberately chosen not to respond to the issue that the section under which Mr Bennett is being charged was repealed in 2004 and the allegations should not go beyond the period after the repeal date.

"He has failed to prove the legal nexus between Hitschmann's bank account, procurement of arms, deposit of US$5 000 and the accused person," she said.

On Monday Ms Beatrice Mtetwa launched an application for discharge at the close of the State's case arguing that the prosecution had dismally failed to prove a case against Bennett.

Justice Chinembiri Bhunu and assessor Major Misheck Nyandoro reserved judgment to March 31 saying the court needed time to consider submissions made by both the defence and State counsel.