Harare: Monday 9th Nov

Update: 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 on Tuesday.

Following the States presentation of Ammunition and Firearms. the trial of Roy Bennet has been deferred until Wednesday to allow Judge Chinembiri Bhunu to rule on an application by the state for the defence’s submission to be struck on grounds that it was not properly presented, and whether a key state witness should be allowed to testify.

He is also expected to make a ruling on a defence application that Peter Hitschmann — who the state claims implicated Bennett in the terrorism and weapons charges three ago — should not testify. In an affidavit deposited with a Mutare Court on October 29, 2009, Hitshmann said he had given evidence implicating Bennett in the case under duress.

He said he signed statements based on false confessions induced by torture and abuse.

“As a result of the torture referred to above and involuntarily I made a number of extra cural statements, which were all false and cannot be admissible in court,” Hitshmanm said.

“In these statements, I enter alia admitted to the conspiracy with which I was being charged and suggested that Mr Roy Bennett was also involved in the conspiracy.

“This was pure fiction and bore no relationship at all to any reality.”

Bennett, a one-time policeman under Ian’s Smith’s white-ruled Rhodesia, returned to Zimbabwe in early 2009. Wearing a blue suit, sky blue shirt and a matching blue tie Bennett was accompanied by his wife in court on Monday. He is currently out on bail and faces a possible death sentence if convicted.