High Court judge Chinembiri Bhunu yesterday dismissed applications filed by the State and the defence lawyers paving the way for the resumption of the trial of Movement for Democratic Change (MDC) treasurer general "Pachedu" Roy Bennett (Pictured).
Bennett is on trial on charges of treason stemming from alleged illegal position of weapons of war. In dismissing the two applications Justice Bhunu said the Bennett case is a serious matter which can not be determined on technicalities but by concrete evidence in court. “It is my firm view that this matter is crying for determination. This is a serious matter that involves the life of a citizen as well as the security of a country. Accordingly both application are hereby dismissed to ensure that the matter is resolved on merit,” said Justice Bhunu delivering is ruling.
The State had on Monday applied for the court to strike off the defence outline arguing that it was not made on time as stipulated by the law and it was an attempt to quash the State case. On the other hand the defence team wanted to block a key state witness, Peter Hitshmann, from taking stand in court because the evidence he gave was obtained through torture. “It is self evident that the law does not allow for the striking off of a defence outline. The answer does not lie in the striking off of a defence outline and the mere fact that defence outline is a day late does not warrant it being struck off,” ruled Justice Bhunu.
“I fail to see how the calling in of the witness (Hitschman) can be prejudicial to the accused person (Bennett). The arguments by the defence counsel can only affect the weight of the evidence,” ruled Bhunu. Justice Bhunu however did not touch on the application by the defence counsel to have the AG investigated for his conduct in dealing with the Bennett case.
The matter was adjourned to Wednesday mid-morning for continuation of trial after both counsels said they had commitments elsewhere. Bennett, who is accused of possessing weapons for the purposes of committing banditry, insurgency and terrorism – charges he denies – is currently on a US$5 000 bail.
The former white commercial farmer was named by Prime Minister Morgan Tsvangirai for the post of deputy agriculture minister in the country’s power-sharing government. President Robert Mugabe has refused to swear in Bennett to his ministerial post citing the charges against him. Bennett was arrested a few hours before ministers for the power-sharing government were sworn in last February accused of banditry and terrorism – charges
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