UPDATED, Bennett Trial:Hitchmann Fails to Attend Court as Witness
Harare, November 27, 2009 – Defence lawyers of Movement for Democratic Change (MDC) treasurer, Roy Bennett, who is facing charges of plotting to topple President Robert Mugabe’s government have applied for the release of Bennett’s passport and relaxation of reporting conditions after a key state witness failed to attend court on Friday.
UPDATE Courtesy of Zimbabwe Democracy Now. Visit them and support a Free and Democratic Zim.
Yesterday’s hearing was postponed till today because Attorney-General Tomana was going to a Police Pass Out Parade!
Today two state witnesses were called. The first was Lazarus Zivengwa, a policeman. How he was not thrown out of the witness stand by the Judge is a mystery. His clear contempt of court procedures was evident by him not following his answers with “My Lord”, by not addressing his answers to the Judge and Assessors, but to the Defence attorney Beatrice Mtetwa, who he looked at with a sneering grin across his face and interrupted her on numerous occasions. Zivengwa slouched over the witness stand and generally behaved in a manner not befitting a member of the police. His continual grinning at the AG and state prosecutors would indicate that he was looking for his “noddy badge” for reciting all the right things and being the state’s clown of the day. Notwithstanding the gravity of the charges against Roy Bennett, that witness provided plenty of light entertainment. All in all, an Oscar ‘Raspberry’ award winning performance.
The second police witness however gave his evidence concisely and clearly and it would appear, honestly. What a change!
Peter Hitschmann was next on the State’s list of witnesses but lo and behold, Hitschmann is still in Mutare, obviously not having been subpoened for a scheduled court appearance. While the state prosecutors went into an embarrassed huddle, Ms. Mtetwa wasted no time: she requested that Mr. Bennett have his bail restrictions relaxed, i.e. his passport returned to him, his reporting conditions to be lifted and that he be allowed the freedom of movement as enshrined in the Constitution for a person who had not been convicted of any crime. The State’s continual delaying tactics was hindering her client’s rights, said Ms Mtetwa.
The State then requested to bring in another witness, as Hitschmann was absent. The defense argued against this. The Judge then asked the AG: “So what is the way forward?”.
This deference by a High Court Judge to the state prosecutor must have raised the eyebrows of the International Commission of Jurists (ICJ) official observer, South Africa’s Supreme Court of Appeal Judge Azhar Cachalia.
Court was adjourned. The Judge advised the defense that he would give a decision on her clients bail conditions at 4 pm today.
The matter will now resume on January 12, 2010.
Peter Michael Hitchmann was reported to be in Mutare and was nowhere near the High court when he was called to testify after two other state witnesses had given evidence in court.
Beatrice Mtetwa made the application to High court judge, Bhunu Chinembiri arguing that the state had been failing to ‘speedy’ the trial by making lame excuses thereby prejudicing her client,latest being the failure to bring Hitchmann to court.
” We are asking this court to release my client’s passport and that his bail reporting conditions be relaxed so that he may travel as he has severe engagements he needs to attend to,”Mtetwa said in court.
“We therefore request that his passport be released.We have no problems that the passport be returned to the registrar and reporting conditions remain after the relaxation of the bail.This will ensure the balance required in ensuring the accused enjoys his freedom of movement particularly during this festive season.”
“There is no suggestion that the accused will be a flight risk.”
But Attorney General, Johannes Tomana in reply to the defence application said: “The state is not amenable to a relaxation of the accused person’s bail conditions.”
Mtetwa accused the state led by the Attorney General of using delaying tactics in the case saying Tomana, and his prosecution department including Florence Ziyambi and Chris Mutangadura were ‘busy ‘ on Thursday at a police pass-out parade instead of preparing that Hitchmann attends court today.
Earlier two police officers, Detective Inspector Lazarous Zivengwa and Seargent Lovemore Karuma, all based in Mutare had testified in court giving evidence how Hitchmann’s house was searched which led to the confiscation of a laptop, desktop computer and documents. However, no recording of serial numbers of the items was done as well as the entering of theconfiscated items in a log book, the court heard.
Posted by Sakhile Malaba
on November 27, 2009. Filed under Local News.
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