Bennett trial adjourned to next year

By Tichaona Sibanda
27 November 2009

The trial of Roy Bennett, the MDC-T deputy Minister of Agriculture designate, has been adjourned to early next year, exactly ten days after his trial for terror charges began at the High court in Harare.

Friday was the last day of business for the High court this year. Bennett’s trial will continue when the High court resumes sitting for the 2010 legal year. Kumbirai Mafunda, communications officer for the Zimbabwe Lawyers for Human Rights, told us that the state’s key witness, Peter Hitschman, had been lined up to testify in court on Friday.

‘I understand that Hitschmann failed to turn up to court because of a communication breakdown with the Attorney-General’s office. Our understanding was that Hitschmann would be the last state witness to take to the stand but all that has changed because he’s appearing as witness number six and not 15,’ Mafunda said.

As a result of the adjournment Bennett’s lawyer, Beatrice Mtetwa, immediately applied to the court for the relaxation of his bail conditions and the return of his passport. Currently Bennett has to report to the police once a fortnight and is restricted from leaving the country.

Judge Chinembiri Bhunu told both the defence and prosecution teams that he would inform them of his ruling on Mtetwa’s application sometime next week.

On Tuesday Bennett described his terrorism trial as an ‘absolute farce’ and ‘a joke’ saying he was frustrated with the slow pace the trial is taking. He pleaded not guilty at the start of his trial on 17th November, denying all charges. The state, led by Attorney-General Johannes Tomana, is accusing Bennett of plotting to overthrow Mugabe by force.

The former Chimanimani coffee farmer is accused of providing $5,000 to Peter Hitschmann to buy weapons, including eight Uzi sub-machineguns, 19 grenades and six stun grenades. The state has said the plot was hatched between 2002 and 2006.

Hitschmann, who is the state’s key witness, faced similar charges in 2007 and was acquitted, although he was jailed for two years on lesser charges of possession of firearms – even though he is a registered firearms dealer. Hitschmann says that when he was arrested he was tortured by state agents and forced into making a confession, implicating Bennett.

Human rights lawyer Gabrial Shumba expressed concern at the slow pace of Bennett’s trial saying it all fits in well with a ZANU PF grand plan to delay his swearing-in because his issue is still a ‘sticking point’ in the talks.

‘In legal circles we say justice delayed is justice denied. This is exactly what they’re doing to Bennett. This is a clear deliberate ploy to deny him justice because of his well documented personal problems with Patrick Chinamasa, who happens to be the justice minister,’ Shumba said.