Lawyers representing Deputy Agriculture Minister Designate Roy Bennett (pictured) on Thursday have requested High Court judge, Justice Chinembiri Bhunu to recuse himself from presiding over the trial of the former Chimanimani legislator.The application was made when it came to light that Justice Bhunu had in 2006 considered and dismissed a bail application filed by Peter Michael Hitschmann when he was facing similar charges to those in Bennetts current case.
The State is alleging that Bennett was an accomplice of Hitschmann, who the State has listed amongst its witnesses.
In his judgment delivered in May 2006, Justice Bhunu stated that the charge which Hitschmann was facing was a serious one in that it constituted a threat to State security. The judge then denied bail after also finding that undoubtedly there is overwhelming evidence against Hitschmann who at the time was facing charges of conspiracy to possess weapons for insurgency, banditry, sabotage or terrorism in contravention of section 10 of the Public Order and Security Act [Chapter 11:17]. Hitschmann was later acquitted of the charge by another High Court judge.
Bennetts lawyer, Beatrice Mtetwa, who met Justice Bhunu in his chambers on Thursday together State prosecutors including Attorney General, Johannes Tomana said proceeding with the trial under Justice Bhunu would be prejudicial to Bennett since the Judge had already made comments that could be prejudicial to the former Chimanimani legislators case and which called into question his impartiality if he were to continue with the case.
Bhunu will decide whether to recuse himself on Monday 16 November 2009.
Post published in: Politics