Critical evidence ruling in Bennett case due tomorrow
ZLHR Press Release – 9 Nov : High Court Judge Justice Chinembiri Bhunu will on Tuesday 10 November 2009 deliver his ruling in an application in which Attorney General (AG) Johannes Tomana is seeking to strike out Deputy Agriculture Minister Designate Roy Bennett’s defence outline.
Justice Bhunu will also deliver judgment in an application in which Bennett’s lawyers Beatrice Mtetwa and Trust Maanda want Peter Michael Hitschman’s purported evidence struck out of the State summary because it is prejudicial, inadmissible and non-existent evidence.
Justice Bhunu had at the end of court proceedings on Monday 09 November 2009 informed the court that he will deliver his ruling on Wednesday 11 November 2009.
But Justice Bhunu’s clerk on Monday afternoon informed Bennett’s lawyers that he is now ready with his judgment which will now be delivered at 11 :00 am.
Background information via AP:
Bennett’s lawyers say weapons dealer Peter Michael Hitschmann, who is the main prosecution witness, was not only tortured but also did not implicate Bennett during his own trial.
Hitschmann was arrested in 2006 and initially accused of plotting to assassinate Mugabe. Bennett had not been linked to the case until his arrest in February.
Hitschmann was cleared on charges of treason and “possessing weapons for the purpose of terrorism,” the same charges Bennett faces that carry a possible death sentence or life imprisonment if convicted. Hitschmann spent 2 1/2 years in jail on lesser charges of possessing illegal weapons.
Attorney General Johannes Tomana, whose appearance for the prosecution underlined the importance the government has placed on the case, said the defense outline breached court regulations.
Defense attorney Beatrice Mtetwa said that the judge in Hitschmann’s trial acknowledged the dealer had been tortured into making a false confession, and Mtetwa added that the confession did not implicate Bennett.
Hitschmann now has “disowned” the confession and the state had based its case “on evidence that does not exist,” Mtetwa said. Mtetwa asked the judge to rule Hitschmann was inadmissible as a witness.
Last week Mordecai Mahlangu,the lawyer representing Peter Hitschmann, was arrested (blogged here) – apparently for ‘writing a letter’ to Johannes Tomana. According the to same AP article above, the letter was actually “an affidavit for the court saying Hitschmann had no evidence to give against Bennett”. Mahlangu was arrested by security agents for allegedly attempting to pervert the course of justice. These sort of desperate actions reveal how thin the State’s case is, and how key the trumped up evidence is to a case that is based on political enmity and no facts.
November 9th, 2009 23:35
Tsvangarai apparently said on Sunday (re this case) that Zanu-PF must show the world they are committed to democracy. Have they yet shown that within Zimbabwe, never mind to impress the world in one instance? They constantly declare themselves pro power, not pro democracy.