State to oppose Roy Bennett’s acquittal
Posted on March 10, 2010 | Category: Politics; Business, Sport
State prosecutor Johannes Tomana closed his case against MDC official Roy
Bennett on Monday after he finished calling his witnesses. The MDC Treasurer
General is facing terrorism charges, which he denies.
As soon as the State said it had no further witnesses to call the defence
argued that the evidence that had been presented so far by the prosecution
was not sufficient for the case to proceed, and that their client had no
case to answer.
Bennett’s legal team said that the prosecution had failed to prove a link
between their client and Peter Hitschmann – who was the State’s key witness.
Lead defence lawyer Beatrice Mtetwa also pointed out that Bennett’s
co-accused, Hitschmann, was in 2006 acquitted of the same charges facing
Bennett.
She further argued that her client was facing charges under a repealed
section of the Public Order and Security Act, and that throughout the trial
the State had failed to produce sufficient evidence to prove that the MDC
official had tried to sabotage and destabilise the government.
One of the defence’s arguments was that the State failed to provide evidence
proving the so-called e-mails which were allegedly sent between Bennett and
Hitschmann were genuine.
The emails allegedly show communication between the two, and how they
conspired to ‘blow up communication lines’. They have both disowned the
emails.
But Mtetwa showed the court that it is possible to create emails, as though
they were coming from a particular email address.
“So we made an application in the court that the case against Mr Bennett be
dismissed before he gives his evidence, because in our view there was no
need for him to stand against something that has not yet implicated him,”
said another of his lawyers, Trust Maanda.
Mtetwa made an application for a discharge at the close of the State’s case,
which was immediately opposed by the prosecutor. The court is expected to
hear the prosecutor’s opposition to the defence application on Wednesday.
Maanda told SW Radio Africa that Wednesday’s hearing will be a continuation
of the State’s argument, after which the court will say it needs time to
look at the submissions and then make a decision.
He said at that point, if the judge accepts that there is no case against
Bennett, he will be acquitted.
But if the judge agrees with the State then the matter will proceed and
Bennett and his witnesses will take to the stand.
» Filed Under Politics; Business, Sport
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