Tuesday, May 11, 2010

Zimbabwe News Update: Roy Bennett Acquitted; MDC-T Trial Postponed

Roy Bennett acquitted

By Zvamaida Murwira
Zimbabwe Herald

THE High Court yesterday acquitted MDC-T treasurer-general Roy Bennett on charges of terrorism, banditry, insurgency and trying to depose a constitutionally-elected Government.

Justice Chinembiri Bhunu ruled that the State had failed to prove there was reasonable ground to place Bennett on his defence.

The court ruling followed an application by Bennett’s lawyer, Ms Beatrice Mtetwa, for discharge at the close of the State’s case.

In his ruling, Justice Bhunu said the State’s case was weakened by its star witness, Peter Michael Hitschmann, who turned hostile and gave unfavourable evidence.

During the trial, Attorney-General Mr Joha-nnes Tomana successfully applied to have Hitschmann impeached and to testify as a hostile witness.

Evidence from the State’s computer expert, Mr Danshed Mutsetse, was unreliable as he demonstrated lack of knowledge in his field, Justice Bhunu said.

"Having carefully considered the above findings of fact and law, we came to the unanimous conclusion that the State has failed to prove a prima facie case against the accused on a balance of probabilities thereby entitling him to his acquittal at the close of the State’s case," Justice Bhunu told a packed courtroom.

He said there was no evidence to link Ben-nett to the alleged crime, either from Hits-chmann’s or police evidence.

Justice Bhunu ruled that police had not properly warned and cautioned Hitschmann before they recorded a statement from him.

Hitschmann alleged in court that he gave the statement implicating Bennett after security agents tortured him.

"The witness told the court that his tormentors were drunk and disorderly such that in their drunken state they omitted to make him sign the statement.

"Having noted the omission, he then deliberately refrained from signing it, signifying his lack of free volition," Justice Bhunu said.

The court found Hitschmann’s statement, therefore, inadmissible as evidence.

Justice Bhunu said the State had called him to testify knowing fully well that he was likely to give evidence adverse to their case.

This was after he had written to the AG’s Office absolving Bennett of any wrongdoing and complicity with him.

"Not surprisingly when he appeared in court, the witness gave evidence, which was unfavourable to the State’s case, which heavily leans in favour of the accused," the judge said.

Turning to email evidence, the court castigated Mr Mutsetse for giving unreliable and erroneous evidence that bordered on "ignorance and arrogance".

"The depth of his ignorance concerning these matters as exposed during cross-examination was amazing, to say the least considering that he professes himself to be a computer expert.

"He made a fatal error when he identified a fake e-mail that had been created in court as being genuine.

"Having previously steadfastly testified that the date and time inscribed by the mail server could not be altered or reversed, Mr Mutsetse had to eat humble pie when it was demonstrated in open court that this could be done."

The judge noted Mr Mutsetse had denied existence of computer forensic personnel and had shown ignorance of past cases were false e-mails were tracked down.

During trial, Hitschmann denied he had sent e-mails to Bennett, saying security agents had fabricated these during investigations.

"It appears that no timeous investigations were made to trace the source and destination of the e-mails in 2006 when the offence was allegedly committed.

"It seems no investigations were carried out to ascertain whether the accused owned or possessed a computer or whether or not he had sent or received any of the disputed e-mails," he said.

The judge, however, commended the State for putting a "brave fight under difficult circumstances".

He hailed the AG’s defence of a constitutionally elected government, but added that courts were like referees who were there to uphold justice.

"One cannot, therefore, dive at the centre circle and expect the referee to award a penalty," the judge said.

Both Mr Tomana and Ms Mtetwa welcomed the judgement.

"It is the High Court and its decision is binding," said Mr Tomana soon after the judge had delivered his judgement.

The State alleged that when police arrested Hitschmann in 2006 following the discovery of an arms cache in Manicaland, the ammunitions dealer implicated Bennett.

Bennett fled the country for South Africa and was arrested in February 2009 at Charles Prince Airport.


MDC-T in quandary over treasurer’s future

Herald Reporters

Following Roy Bennett’s acquittal on terror-related charges at the High Court yesterday, the Harare political rumour mill is awash with speculation on what is next for the MDC-T treasurer-general.

At the weekend, Bennett was quoted by British papers as saying he was ready to forgo the deputy ministerial post Mr Morgan Tsvangirai has been keeping open for him if it would help the inclusive Government function better.

Zanu-PF has objected to Bennett’s appointment in any capacity to the agriculture portfolio, citing his Rhodesian military and white farmer links.

However, new revelations are that Bennett — a non-constituency senator — might have been pressured to make that statement after the emergence of strident opposition to his joining Government by some members of his own party as well.

One source yesterday said: "There is serious factionalism in the party and Bennett is at the centre of things.

"He is a major source of funding for the party and the faction led by (a senior party official) does not want him to exert any influence, especially with a congress expected next year."

MDC-T is to hold a congress, most likely around May 2011, to elect a new leader as Mr Tsvangirai’s constitutional two terms would have expired.

The source added: "The fact that he was in court had allowed the party to shelve any talk about his status and future.

"The matter has been pushed to the fore in recent weeks with some members of the party questioning if Bennett should be a stumbling block in the party and in the inclusive Government.

"Now that he is free the problem is bigger. Bennett’s statement at the weekend is a culmination of those battles.

"He is starting to feel the heat but it is unlikely that he will capitulate easily.

"In public he might say one thing but we know that behind closed doors and to certain people he will say something else.

"After all, he has invested a lot of time and energy to our cause," the source said.

MDC-T spokesperson Mr Nelson Chamisa yesterday dismissed reports that Bennett had been pressured into making his statement.

"We see no obstruction to the swearing in of Senator Bennett as Deputy Minister of Agriculture.

"It is, however, up to him who had assigned him to that position to re-assign him to another portfolio but we expect him to serve the people of Zimbabwe in that capacity," he said.

In an interview with ZBC at the High Court Mr Chamisa also equated Mr Bennett to "an angel" who had been acquitted by the courts.

Zanu-PF secretary for legal affairs Cde Emmerson Mnangagwa said the judgment was also "appealable".

However, political commentatorS last night blasted Mr Chamisa for his "blasphemous" statements saying the MDC-T’s stance showed that they would do anything to please their white masters.

In interview yesterday, political analyst Professor Jonathan Moyo called Mr Chamisa’s statement "absurd".

"You can’t have a more blasphemous statement. Like everybody knows, we had a judgment from the courts of law not from God in Heaven.

"Everyone knows an appealable judgment from a court of law not a judgment from God in Heaven.

"It is absurd and reprehensible to the extreme and this is provocative for the MDC-T to call Bennett an ‘angel’ when it is common cause that he was an active member of the murderous Rhodesian infantry during the liberation struggle.

"Just like former Nazis in Israel are not angels, former members of the murderous Rhodesian army are not angels but devils with no place in any Government in a free Zimbabwe."

Cde Moyo added: "The MDC-T can have Bennett but we do not want him and will oppose him everywhere.

"It has nothing to do with the case but everything to do with his unacceptable Rhodesian past."

Another analyst, Cde Gabriel Chaibva, said Mr Chamisa’s statements were coming from a party celebrating their white master’s acquittal.

"There is no doubt in my mind that those in the MDC-T are directly controlled by whites that they cannot distinguish between what is devilish and angelic.

"There is nothing unusual about Bennett’s acquittal. There are so many people who have been acquitted but are they angels?

"It is shocking that people like Chamisa can stoop so low in their bootlicking that they speak so blasphemously in their hero-worshiping," he said.

Meanwhile, on Friday, MDC-T’s standing committee met at the party’s Harvest House headquarters and a faction made it clear it did not want Bennett in Government.

A senior party official said: "At Friday’s meeting some individuals made it clear that the Bennett issue should not continue holding the country at ransom.

"They also pointed out Bennett’s past made it difficult to shake off the perception that we are controlled by Rhodies and white farmers who have interests different from ours."

Other sources said Mr Tsvangirai would likely push for Bennett’s acceptance but this would be a hard sell to some members of his leadership, let alone the Zanu-PF component of the inclusive Government.

Mr Chamisa yesterday refused to confirm Friday’s meeting or if the Bennett issue had been discussed.

Observers said the twin opposition of Zanu-PF and MDC-T factionalism could leave Bennett in the political wilderness.

Professor Moyo said: "The quandary has never been a legal one but rather a political one.

"The courts don’t have to tell us that Bennett is a Rhodie with unsavoury links to military machinery that brutalised thousands of our people.

"Thirty years after independence, we have forgiven but we will never forget.

"Politically he is who he is and no one can change that. He emerges from the trial a free person but things have moved on while he’s been preoccupied with his legal battles.

"There are now other people who hold purse strings apart from himself and these people have set up their own structures to push their agenda.

"Now he faces the real music and that is MDC-T’s problem because the people do not want a Rhodie ex-military type running their country."

Prof Moyo also said the judgment should quash claims of a biased judiciary.

"The next time if an MDC-T person is convicted there should be no claims of lack of rule of law because the judiciary has demonstrated that there is rule of law," he said.


Trial of 60 MDC-T members postponed

Beitbridge Reporter

The trial of 60 MDC-T members arrested in February this year for allegedly instigating public violence after a Beitbridge district meeting degenerated into fistfights was last Friday postponed to July 14.

The 60 are jointly charged with public violence and were not asked to plead when they appeared before magistrate Mr Kudakwashe Mhene.

They were all remanded out of custody and ordered to reside at their given addresses and not to interfere with State witnesses as part of their bail conditions.

Moffat Ndou and Buhle Dube who are the party’s chairmen for the western and eastern districts were also charged for allegedly contravening sections of the Public Order and Security Act by convening the public meeting without notifying police.

Tobias Sibanda (32), Sikhephula Moyo (42), Graham Nyoni (24) and Savious Singo (27) were further charged with criminal trespass for allegedly storming Home Affairs co-Minister and Beitbridge East legislator Cde Kembo Mohadi’s house.

Beitbridge acting area prosecutor Mr Tichafa Mabhengere said they needed more time to deal with the cases individually.

Its is the State’s case that on February 6 at around 10am, Ndou and Dube convened a public gathering at Caravan Park.

Clashes allegedly ensued between groups led by Enos Tshili and Eliot Maveza.

It is alleged two people required medical treatment after the clashes while property at the venue was damaged.

The State says the warring factions went into the streets of a nearby low- density suburb and stoned motorists.

It is alleged Tobias, Moyo, Nyoni and Singo entered Minister Mohadi’s premises and were apprehended by a policeman on guard.

Riot police were called in to quell the disturbances.

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