Police & CIOs main witnesses in Bennett’s trial

By Violet Gonda
21 0ctober 2009

The controversial trial of MDC Treasurer General Roy Bennett is set for November 9, and the line up of state witness is full of police officers and state security agents. Bennett is facing charges of possession of weapons with the intention to commit insurgency, sabotage, terrorism, and banditry.

Bennett’s chief legal counsel Beatrice Mtetwa told SW Radio Africa on Wednesday that of the 13 key witnesses for the State, 11 are either from the President’s office or from the police. The other two are firearms dealer Peter Michael Hitschmann and a person from TelOne.

Mtetwa said: “He is somebody from TelOne security who will come to court to basically give evidence of a technical nature or as an expert regarding the allegations that these guys wanted to blow up some communications infrastructure. So he will be coming to give evidence as to the effects of destroying the infrastructure.”

Hitschmann, who was released from prison in July, is the State’s key witness although he made it clear when he was released that he has no evidence against Roy Bennett. Mtetwa said: “So we don’t know how the State is going to deal with that. We can only hope that nobody has sought to interfere with him and to compel him to say things that are not correct.”

The firearms dealer was arrested for allegedly plotting to assassinate Robert Mugabe at his birthday celebration in Manicaland in 2006 but was acquitted. He however served a total of 40 months for possessing dangerous firearms without a licence.

The defence lawyer said it has been frustrating to handle Bennett’s case which is highly politicised and that there is a lot of ‘hide and seek’ on the State’s part, and no transparency in the way the Attorney General’s office has handled the matter. The AG Johannes Tomana personally appeared in a Mutare court on Monday to prosecute in the case of the MDC Treasurer General designate. Tomana said he was taking over the case because he is under political pressure to have the matter prosecuted quickly.

The defence team say they have finally been furnished with most of the indictment papers although Mtetwa said there are two statements that are still missing. She said the State is refusing to give them access to Hitschmann’s laptop so that they can examine it. It is alleged that certain emails incriminating Bennett were downloaded from Hitschmann’s laptop, but the defence team have not been allowed to examine it. The lawyer also said they have still not been given access to the so called weapons, that her client is accused of acquiring for the purpose of terrorism.

Meanwhile, Radio VOP said: “The other witnesses lined up are Ronald Muderedzwa, former Officer commanding Manicaland province, Michael Joseph Nyakatama, a central intelligence agent (CIO), Sipho James Makore, a police officer, Arnold Zorodzai Dliwayo, police officer, Francis Cole a specialist firearms police central investigations department (CID) officer, and Panganai Mugejo who works for the Defence Ministry among others.”
Mtetwa said despite the politicisation, she is not worried about the State’s list saying police always give evidence in cases they are investigating and the court is supposed to take their evidence on the basis that they are interested parties.

She said: “All their statements are also premised on Hitschmann testifying, and on Hitschmann’s so called confession being before the court, which I am absolutely certain is not likely to be admissible at all - because he disowned it at his own trial, and he was believed at his own trial.”

“And so it is difficult to see how he can then come to court in Bennett’s case and say what he didn’t say in his own case without serious consequences for him and without committing perjury,” Mtetwa explained.