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Bennett: Arms dealer will testify

Nov 11, 2009 10:49 PM | By Moses Mudzwiti

Zimbabwe High Court Judge Chinembri Bhunu made a telling ruling favouring terror accused Roy Bennett - he ruled that an arms dealer who said he was tortured into testifying will be allowed to take the stand.


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Roy Bennett
Roy Bennett
Photograph by: Martin Rhodes

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The charges against Bennett, which his party, the Movement for Democratic Change, says were "trumped up", are linked to a confession by arms dealer Peter Michael Hitschmann.

Bennett's lawyer, Beatrice Mtetwa, says she has Hitschmann's affidavit in which he disowns his earlier "confession" implicating Bennett.

The dealer says his confession was obtained through the use of torture.

The judge turned down a request by Mtetwa to bar the prosecution from calling Hitschmann as a witness.

Judge Bhunu said the allegations that Hitschmann was tortured could be tested in court when he testifies.

Bennett, the MDC treasurer and designated deputy agriculture minister, quietly followed the court proceedings. He seemed to be in good spirits, even though he could face death if convicted.

The state alleges that in 2006 an arms cache was discovered at a house in Mutare, a city in the east of Zimbabwe. The state claims subsequent investigations linked Bennett to the crime.

The trial continues.

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Nov 12 2009 06:00:08 AM
bart
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Poor Roy, a white man on trial in a rascist banana republic. He could easily have left the country but his love and commitment to Zimbabwe and justice are more important to him than his life. Good luck, the result of this trial could be a turning point in the future of Zim and world opinion of Africa.
Nov 12 2009 06:08:07 AM
mcritic
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This report is somewhat scewed. What was said in argument and what the Judge had to decide upon was two different issues expressed by the Ag and the defence legal teams.

The Defence argued that since Hitschmann has already indicated that he has been tortured to gt a statement implicating Bennett - it would not serve any purpose to call him to give evidence and that the prosecutirs usage of an unsigned statement attributed to Hitschmann is iregular. The argfument was that in view of the issues raised by Hitschmann's attorney it should accept the styatement of Hitschmann.

The Prosecutor on the other hand wants Hitschmann to appear as a State witness - but wanted to bar the defence from raising the issue of torture and that they not b allowed to question Hitschmann on that issue. The AG therefore wants the Hitschmann statement to be accepted as legally coorect and stop anything relating to its origin based on torture.

The Judge said both the arguments were emotional and confrontational and ruled that the legal should be more factul and less emotional.

He however, did Tomana a grve disservice. he ruled that Hitschmann has to appear to give evidence and he can be questioned on the issue of torture leading to him making the statement of Bennett's complicity in a plot to deal with the removal of Mugabe.

In essence the Judge says that Hitscmann can testify and can be queastioned on any issue - also the issue of torture by State instirutions.

mugabe has developed a system of torture that has been blown wide open in the Jestina and other abductors cases and new revelations in this case is going to cause major problems for Mugabe - especially in view of the latest issue pertining to the UN investigator on Torture. He would get a full report and that would cause major problems.

How Tomana is going to handle such evidence is going to be most embarrassing. If he denies that torture did take place - he would be on thin ice. If he accepts it - then he will be forced to act against legally against the selfsame people that is to give evidence for teh State in the trial.

He has yet to lay charges against the torturers who abducted th e people last year and tortured them- so he will have a serious problem in dealing wih the case.

This is going to be fun
Nov 12 2009 06:46:54 AM
Africa_need_No_link_to_europe
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Mugabe the greatest African hero we salute you for your service to our race.

The justice system of zimbabwe should proceed with justice on this case and we hope justice will be done and this mercenary will be send to jail for the rest of his life.
Nov 12 2009 08:21:19 AM
TheWisdom
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Africa, you don't speak on my behalf! Ole bob is not servicing our race! How can one service our race if our brothers and sisters are hungry?? You are a worthless extremist!
Nov 12 2009 10:12:15 AM
scatterbrain
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What if Bennet was actually planning a coup? I wont rule that out.
Nov 12 2009 11:03:04 AM
Marki Sarki
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@Africa_need_no

One word, buddy: Gukurahundi.
Nov 12 2009 11:58:35 AM
bart
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Africa, it doesn't bother you he's actually hurting your brothers and sisters a lot more than the handful of whites left in Zim. But maybe you're prepared to sacrifice them - long as the whites are all kicked out. Immoral. Great men Bob, Adolf, Eugene, etc - good to look up to people like that.


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