Roy Bennett Trial – Friday update
Posted by ZDN on November 27, 2009
Yesterday’s hearing was postponed till today because Attorney-General Tomana was going to a Police Pass Out Parade!
Today two state witnesses were called. The first was Lazarus Zivengwa, a policeman. How he was not thrown out of the witness stand by the Judge is a mystery. His clear contempt of court procedures was evident by him not following his answers with “My Lord”, by not addressing his answers to the Judge and Assessors, but to the Defence attorney Beatrice Mtetwa, who he looked at with a sneering grin across his face and interrupted her on numerous occasions. Zivengwa slouched over the witness stand and generally behaved in a manner not befitting a member of the police. His continual grinning at the AG and state prosecutors would indicate that he was looking for his “noddy badge” for reciting all the right things and being the state’s clown of the day. Notwithstanding the gravity of the charges against Roy Bennett, that witness provided plenty of light entertainment. All in all, an Oscar ‘Raspberry’ award winning performance.
The second police witness however gave his evidence concisely and clearly and it would appear, honestly. What a change!
Peter Hitschmann was next on the State’s list of witnesses but lo and behold, Hitschmann is still in Mutare, obviously not having been subpoenaed for a scheduled court appearance. While the state prosecutors went into an embarrassed huddle, Ms. Mtetwa wasted no time: she requested that Mr. Bennett have his bail restrictions relaxed, i.e. his passport returned to him, his reporting conditions to be lifted and that he be allowed the freedom of movement as enshrined in the Constitution for a person who had not been convicted of any crime. The State’s continual delaying tactics were hindering her client’s rights, said Ms Mtetwa.
The State then requested to bring in another witness, as Hitschmann was absent. The defense argued against this. The Judge then asked the AG: “So what is the way forward?”.
This deference by a High Court Judge to the state prosecutor must have raised the eyebrows of the official observer from the International Commission of Jurists (ICJ) and South Africa’s Supreme Court of Appeal, Judge Azhar Cachalia.
Court was adjourned till January 12, the next available date. The Judge advised the defense that he would give a decision on her client’s bail conditions at 4 pm today.
ZDN Correspondent
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12-05-2009
1:41 pm
Sophie Mhlmhu
Everyone knows these are trumped up and dreampt up charges. The Police and Judiciary in Zimbabwe should stop wasting taxpayers money on a show and put real criminals on trial who make the streets unsafe. This trial is a waste of time and a waste of money for everyone