ZIMBABWE - HARARE – THE trial of MDC treasurer Roy Bennett on trumped up charges will begin after the High Court rules, early next week, on the defence application seeking to have presiding judge Justice Chinembiri Bhunu recuse himself from the case.

 

The former Chimanimani legislator wants Justice Bhunu to take himself off the case on the grounds that he once dealt with the bail application of key State witness Peter Hitschmann.

 

 

 

But the prosecution, led by Attorney-General Mr Johannes Tomana, opposed the application made in the judge’s chambers yesterday. Mr Tomana argued the defence application was frivolous and unwarranted, as it is meant to delay the trial.

 

 

 

 

Defence lawyer Ms Beatrice Mtetwa — who is being assisted by Mutare-based lawyer Mr Trust Maanda argued that if Justice Bhunu presides over the case Bennett would not get a fair trial.

 

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Mr Tomana agrees with Justice Bhunu’s ruling on Wednesday that there was need to get into the merits of the matter and not to employ technicalities. Bennett’s trial has so far been postponed on four occasions for different reasons.

The gallery was full to capacity as people waited patiently for the commencement of the trial, when Ms Mtetwa came  from the chambers and briefed the journalists on their latest application.

Wednesday was a bad day for both the State and the defence lawyers after Justice Bhunu descended heavily on the lawyers for playing to the gallery and making personal attacks on each other in court. Justice Bhunu dismissed preliminary applications by both parties.

Mr Tomana had sought to strike out Bennett’s defence outline while Ms Mtetwa wanted to quash certain portions of the State outline that stemmed from Hitschmann’s evidence.

The AG had argued that Bennett’s defence outline was filed out of time and that it was not in line with Section 66 of the Criminal Procedure and Evidence Act.

In her counter-application, Ms Mtetwa argued that Hitschmann had publicly announced that he would not
testify against Bennett and that he had communicated this to the AG through his lawyer, Mr Mordecai Mahlangu, who was instead arrested for defeating the course of justice.

Bennett was arrested early this year at Charles Prince Airport in Mt Hampden on arrival from South Africa where he had been living since police launched investigations into the charges he now faces.

He is being charged with possessing dangerous weapons for terrorism as well as inciting acts of insurgency.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JOKE OF THE DAY - Larry was startled to see the nonchalant way Jason was taking the fact that his girlfriend was seen with another man.

 

“You said you loved her and yet you saw her with another man and you didn’t knock the guy down?”

 

“I’m waiting.” “Waiting for what?” asked Larry “Waiting to catch her with a smaller feller.”

 

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