The Bennett High Court trial saga – latest

Posted by ZDN on November 10, 2009

Zimbabwe’s most anticipated trial produced high drama, as expected. The MDC Treasurer Roy Bennett is on trial in the High Court on charges of possessing firearms for purposes of deposing a lawful government through use of insurgency, banditry, sabotage and terrorism’. If convicted he could face a death sentence or life imprisonment.

• The trial commenced in Harare’s High Court building as planned on Monday 9 November 2009, with Justice Chinembiri Bhunu presiding, and with Zimbabwe’s Attorney-General Johannes Tomana prosecuting the case personally, instead of the state prosecutors. Outside the court there was strong presence of riot police armed with tear gas, watched by peaceful crowds of observers, including a large contingent of trades union members.

• The AG Tomana outlined the state’s case against Roy Bennett, and asked the court to throw out the Defence Outline, saying it did not comply with the Criminal Procedure and Evidence Act, in that it had contained “derogatory’ language and furthermore it was served two days instead of three days before trial.

• Bennett’s lawyer Beatrice Mtetwa opposed this application and responded by accusing Tomana of lying to the court by claiming that Bennett’s alleged accomplice (Peter Hitschmann) will give evidence against him, when he has indicated that such evidence does not exist and furthermore, that Hitschmann has refused to testify as he has no evidence.

• While Mtetwa was making her submissions, CIO and Police officers tried to disrupt the proceedings by bringing into court several cases of ammunition and rifles which the State intends to parade as evidence.

• After three hours the Judge Bunhu announced that the ruling would be passed on Wednesday.

• However, late Monday afternoon, Ms Mtetwa was informed that the Judge had completed his ruling and would hand it down in Court Tuesday 11am. This was later changed to 10am.

Tuesday 10 November

• Just as everyone was seated, Director of Public Prosecutions, Florence Ziyambi was seen talking to Tomana and it was announced that the Judge was not available today for the ruling so it would be moved to it original date, Wednesday at 10 am after all.

This caused a sensation among the press, diplomatic corps, local human rights lawyers, and regional lawyers who are observing the proceedings.

Speculation is high that the Judge has been prevented from announcing his ruling on the previous day’s applications, because the state has no credible witnesses or evidence. Observers suspect that Judge Bhunu has been ‘interfered with’ in some way, in order to keep the case on the boil. If Bhunu withdraws from the case for any reason, the trial will have to start all over again, thus giving Robert Mugabe a fragile excuse to carry on refusing to swear in the Deputy Minister of Agriculture.

Bennett, a former policeman, was a member of Zanu-PF for many years, serving as councilor for Chimanimani. He offered to stand as Zanu-PF candidate for the 2000 Parliamentary elections, but his candidacy was withdrawn by the Zanu-PF hierarchy on the grounds that Bennett was ‘the wrong colour’.

The Chimanimani constituents then urged Bennett to stand as the MDC candidate instead, and he went on to win the seat convincingly.

Zanu-PF have never forgiven this defection or the humiliating loss of the Chimanimani seat.