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Monday, November 09, 2009
Trial for top Zimbabwean PM's aide gets under way
By ANGUS SHAW
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Prosecutors sought to throw out testimony that evidence against a top prime minister's aide was obtained through torture as the trial that has strained Zimbabwe's troubled coalition government began Monday.

Prime Minister Morgan Tsvangirai has called for the "the malicious prosecution" of aide Roy Bennett to stop and temporarily withdrew from the unity government last month, citing Bennett's case as well as accusations of human rights abuses by militants and security forces loyal to longtime President Robert Mugabe.

Tsvangirai's Movement for Democratic Change party says hard-liners in Mugabe's ZANU-PF party are using the courts to pursue Bennett in order to undermine the coalition. ZANU-PF leaders deny the accusations, saying it should be left to the judge to determine the merits of Bennett's case.

The trial was adjourned Monday after the attorney general appealed to Judge Chinembri Bhunu to bar the defense arguments. Bhunu scheduled the next hearing for Wednesday to rule on the prosecution's request.

Bennett's lawyers say weapons dealer Peter Michael Hitschmann, who is the main prosecution witness, was not only tortured but also did not implicate Bennett during his own trial.

Hitschmann was arrested in 2006 and initially accused of plotting to assassinate Mugabe. Bennett had not been linked to the case until his arrest in February.

Hitschmann was cleared on charges of treason and "possessing weapons for the purpose of terrorism," the same charges Bennett faces that carry a possible death sentence or life imprisonment if convicted. Hitschmann spent 2 1/2 years in jail on lesser charges of possessing illegal weapons.

Attorney General Johannes Tomana, whose appearance for the prosecution underlined the importance the government has placed on the case, said the defense outline breached court regulations.

Defense attorney Beatrice Mtetwa said that the judge in Hitschmann's trial acknowledged the dealer had been tortured into making a false confession, and Mtetwa added that the confession did not implicate Bennett.

Hitschmann now has "disowned" the confession and the state had based its case "on evidence that does not exist," Mtetwa said. Mtetwa asked the judge to rule Hitschmann was inadmissible as a witness.

Bennett "cannot have a fair trial if false, inadmissible and no existent evidence is smuggled into the court," she said.

Mtetwa demanded Tomana be censured for placing before the court "demonstrably false information." Continued...

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