Bennett denies charges as Justice Bhunu cautions State witness
ZLHR Press Release – 16 Nov : Deputy Agriculture Minister-Designate, Roy Bennett on Monday 16 November 2009 pleaded not guilty to charges of insurgency, banditry, sabotage and terrorism after they were read to him for the first time in court by Attorney General (AG), Johannes Tomana.
Earlier on Justice Bhunu refused to recuse himself from presiding over the trial as requested by Bennett’s lawyers last week. He delivered his ruling in Chambers before Bennett’s lawyers Beatrice Mtetwa and Trust Maanda together with State lawyers, Tomana, Chris Mutangadura and Florence Ziyambi.
As the trial commenced in earnest, Tomana told the court that Bennett [who is facing several charges ranging from possessing weaponry for insurgency, banditry, sabotage and terrorism to incitement to commit insurgency, banditry or terrorism] plotted, together with Peter Michael Hitschmann, to depose a lawful government through the use of violence, insurgence, banditry, sabotage and terrorism.
Tomana alleged that Bennett was the financier to the acquisition of firearms and also planned the demolition of a Microwave link, which is a communication system that uses a beam of radio waves in the microwave frequency range to transmit information between two fixed locations.
After Bennett pleaded not guilty to the charges Tomana led evidence from the State’s first witness, Chief Superintendent Sipho James Makone of Criminal Investigations Department (CID) Mutare, who arrested Hitschmann on 6 March 2006 and is the investigating officer in the case.
However Mtetwa objected after Tomana started leading evidence she claimed was based on hearsay.
Justice Bhunu, who adjourned court before lunchtime to consider Mtetwa’s objection, ruled when proceedings resumed after lunch that Makone should restrict himself only to what he did and found out or discovered, and not hearsay.
Justice Bhunu then deferred the matter to Tuesday 17 November 2009 after Tomana asked for a postponement to consider Bhunu’s ruling which he said “he wasn’t anticipating”.
