Harare, November 17, 2009 – Chief Superintendent Sipho James Makone, a high ranking police officer and investigator in Movement for Democratic Change (MDC) treasurer general Roy Bennett’s on-going terrorism trial, denied any knowledge of torture claims by Peter Micheal Hitschmann.
Hitschmann is Bennett’s co-accused and now the state’s key witness.
Makone, the first among 13 state witnesses to take to the witness stand, told the court during cross examination by the defence counsel: “My Lord, I am not aware of any torture againstHitschmann.”
Makone led police operations during the arrest of Hitschmann in 2006. The operations also involved state security agents and army officers. Since that time he was supervising the investigations inHitschmann’s case before he was assigned to handle Bennett’s case early this year.
Makone said he never perused Hitschmann’s docket to acquaint himself with how the investigations were being carried out.
Hitschmann was arrested together with two army officers, a Sibanda and one Major Phiri, who were never tried for the offences.
Together with their exhibits, he was taken to an army barracks in the city were he was subjected to prolonged interrogation during which he was also handed a piece of paper to note down all what he knew about the weapons.
He later told Superintendent Dhliwayo, investigating officer in his case that he had given evidence under “unfriendly and traumatic conditions”.Dhliwayo put that in entry in his diary of investigations.
Makone admitted he had also testified during Hitschmann’s trial saying Hitschmann was not tortured.
Hitschmann was acquitted of the charges after the court declined to admit evidence which was extracted through torture. The defence is adamant the state can not proceed on evidence which was sourced fromHitschmann through torture.
Makone further admitted he had erred when he included some weapons which were not recovered in Hitschmann’s house. “I admit my Lord that the weapons recovered in Masvingo at Major Phiri’s house were not recovered from Hitschmann.”
Earlier on, Makone had told the court he had personally gone to Hitschmann’s house in Mutare to recover an assortment of weapons from Hitschmann. The weapons, according to Makone, included an FN rifle, 1 MP5 sub-machine gun with a silencer, 1 AK47 rifle, 8 Uzzi rifles. Also recovered were 19 tear smoke canisters, 18 illuminating flairs, a tear smoke launcher and 3000 bullets of different sizes.
The trial continues on Thursday.
these zanu liars must be stopped shame on them for manipulating the justice system in Zimbabwe.
Falsified Evidence
The falsification of evidence is used either to convict an innocent person or to solidify the conviction of a guilty person. In Bennet trial police were found adding more weapons to make the case serious, and what else did they do to justify the persecution of Roy Bennet. What is surprising with the prosecution is that they accepted tempered evidence to be presented in the trial let only the judge is witnessing the circus. There are also those who choose to tamper the evidence in order to avoid the long and thorough process of collecting accurate data. There are reported instances when the police manipulate a crime scene by placing a gun for them to justify a shoot out. This is the reason why the handling of evidence in the process of investigation should carefully follow the correct process of the chain of custody. It is important to make sure that there is only a few numbers of people as possible who will handle and keep the evidence and what was the role of the army and the CIO. Further questions need to be asked as follows:
o Is this the right was to spend tax payers money?
o With doctored evidence how will the prosecution proceed?,
o Makone indicated that it was the work of his junior but responsibility remains with him,
o This is a conduct issue, will the defence issue a writs on the police for misleading the state,
Here is a powerful defence stratergy. They will keep this constable or whatever his rank in the ZANU Police is on the stand for a long time and all the time focus on Hitchmanns trial and not Bennet. This poor guy will continue to tell a lie here, half truth there, outright falsehood there and irrelevant information all the time. By the time Hitchmann comes to rubbish the whole state case, his intervention will be irrelevant as these fake witnesses to a fake crime would have told the court who the criminal are. Its a pity poor Hitchmann will not be able to benefit from the evidence which will also prove that he was sentenced for a crime he never committed.