Rights lawyer arrested in connection with Bennett’s case

By Violet Gonda
3 November 2009

Human rights and media lawyer, Mordecai Mahlangu, was arrested on Monday for allegedly obstructing the course of justice, in a case involving MDC official Roy Bennett.

Media watchdog, MISA-Zimbabwe, says the lawyer was detained after he wrote a letter to Attorney General Johannes Tomana, protesting a subpoena that was issued to Peter Hitschmann, directing him to testify against Bennett. Mahlangu’s letter said Hitschmann’s statements were extracted through torture. The lawyer was arrested and detained overnight at Harare Central police station.

Hitschmann is being forced to testify as a State witness against the MDC Deputy Agriculture Minister designate, although he made it clear when he was released from jail in July that he has no evidence against Bennett. The firearms dealer was arrested for allegedly plotting to assassinate Robert Mugabe in 2006, but was acquitted. However he served a total of 40 months for possessing dangerous firearms without a licence (although he was a registered firearms dealer at the time).

Bennett is facing charges of possession of weapons with the intention to commit insurgency, sabotage, terrorism, and banditry. Robert Mugabe has refused to swear in the MDC official, claiming he is facing serious charges. The MDC and Bennett maintain the charges are trumped up. Several other MDC officials, including the co-Home Affairs Minister Giles Mutsekwa, were also arrested in connection with this alleged case, but their case fell apart.

Shortly after his release from jail Hitschmann told SW Radio Africa that he was tortured in custody and forced to make false confessions. He said: “And when we were tortured at Adams Barracks, because we were taken to a military barracks for torture during the night of 2006, we were told that we had to confess and all of us having to confess to about five or six different scenarios which were dictated to me. So the connection between myself and Giles Mutsekwa and myself and Roy Bennett and whatever exists in the imagination of these people, that’s where it exists.”

Bennett’s controversial trial is set for November 9th, in a case that has now been taken over by the Attorney General Johannes Tomana himself, who will be acting as lead prosecutor.