Bennett case continued in High Court on Friday

By Violet Gonda
27 January 2009

Beatrice Mtetwa, the lawyer representing jailed MDC politician Roy Bennett, was in the High Court on Friday challenging the State’s decision to appeal against the granting of his bail. On Tuesday High Court Judge Tedious Karwi granted the Deputy Agriculture Minister designate bail, but he remains in a Mutare prison after the State opposed this.

Mtetwa was back in the courts Friday challenging the decision by the Attorney General’s office, saying they did not follow proper procedure. The defence team argues that the AG’s office had appealed, without seeking permission from the High Court judge. Apparently the State should have first sought permission from the judge to appeal against the granting of bail. One of Bennett’s lawyers Trust Maanda said the State has seven days to apply for this permission.

Bennett was arrested two weeks ago at Charles Prince airport, on his way to South Africa where he had been living in exile since 2006. He is being charged with the illegal possession of firearms for purposes of committing banditry, terrorism, insurgency and sabotage. He denies these charges and says he is being politically persecuted.

Meanwhile, Pishai Muchauraya the MDC spokesperson for Manicaland Province and MP for Makoni South, who has been visiting Bennett regularly in prison, said the official is still in good spirits despite the appalling and overcrowded conditions at the prison in Mutare. He said Bennett is being held in the D-Class section of the jail that houses dangerous criminals. Muchauraya said senior prison officers from as far as Masvingo have been deployed to Mutare because Bennett is being viewed as a ‘hardcore criminal.’

The MP said the prison conditions for all inmates are disturbing. The remand prison has a capacity of about 160 inmates but is said to be currently holding at least 300. Muchauraya said food is very scarce and six inmates have this week died in just two days because of starvation.