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March 8, 2010
HARARE – The State on Monday closed its case against MDC treasurer general Roy Bennett, paving the way for Bennett’s lawyers to immediately file for discharge of the MDC top official’s terrorism charges.But Attorney General Johannes Tomana opposed the application.
“The State has not proven its case beyond reasonable doubt,” said top human rights lawyer Beatrice Mtetwa, who is leading the defence.
“Evidence produced is so manifestly unreliable.
“My Lord, we respectfully submit that on the fact of this case, evidence led on behalf of the prosecution, the accused is an appropriate candidate for discharge at this juncture.”
By allegedly being found in possession of weaponry for purposes of banditry and terrorism, said Mtetwa, Bennett was being charged for an offence under a section of the Public Order and Security Act (POSA) that was repealed in 2004.
Mtetwa said the State had failed to prove the offence was committed when the cited section was still operational.
The State says the crime was committed between 2002 and 2006.
Mtewa told the court the state had also failed to prove that Bennett made the alleged deposit of 5000 American dollars into a Mozambican bank account owned by Peter Michael Hitschmann, Bennett’s co-accused.
She added, “Having an account in Mozambique does not constitute a nexus between Bennett and the bank account.”
The state says the funds were intended for the purchase of weapons for use to overthrow President Robert Mugabe’s former administration.
Mtetwa further said it was unthinkable and ridiculous for Bennett to be charged with an offence which his co-accused Hitschmann was acquitted of in his own trial in 2006.
Hitschmann, who was now key witness for the state, served two years for a less serious charge of possessing unlicensed weapons.
He was impeached for giving contradicting statements during Bennett’s trial.
Mtetwa further argued that if at all Bennett had indeed connived with Hitschmann in the alleged offence the police would ordinarily have made an independent investigation targeting him, instead of relying on the purported confessions of Hitschmann.
“The police did not make any attempt to go to Bennett’s house, see his bank statements, try to see his computer and so forth,” said Mtetwa.
The said confessions were ruled inadmissible at the commencement of the trial after Hitschmann claimed he gave them under torture by state security agents.
Mtetwa said the State has also failed to provide forensic proof the emails allegedly downloaded from Hitschmann’s laptop during police investigations constituted authentic communication between the alleged co-conspirators.
“My Lord, the State summary consists of fiction, which does not meet the criteria of placing the accused person on his defence. Virtually none of the allegations has been proved,” said Mtetwa.
Tomana will file his opposing submissions when trial resumes on Wednesday.
This Tomana guy is very stupid. Was it not obvious to him that the defence counsel will automatically move for the dismissal of this non-existent case? Why was he not prepared to give his opposing arguments if he has any? After such a dismal performance he is unfit to be even Chinotimba’s lawyer!
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A lot of international people are hearing this case. What message are we sending to the world? Mugabe is doing tit for tat, Bennet has become a victim of circumstances over the issue of travel restrictions. It has nothing to do with the rule of law. Tsvangirai’s former driver, Tichaona Chiminya, was burnt alive at Murambinda Growth Point but Tomana will not do anything. The killers are known and witnesses are plenty. There is no rule of law in Zimbabwe or the rule of law is applied selectively. Some people are more equal than others. Bennet is being terrorised for being less equal.
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This case has to be thrown out of court immediately Tomana is a fool and he should quit as AG. I haven’t seen school boy errors being done by the AG like this drunkard tomana that we have its so sad. he should go with the goblin back to Malawi and be his lawyer there.
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