Maravi

Tsvangirai offers himself as surety for Bennett

Tsvangirai offers himself as surety for Bennett
Written by Kingsley Kaswende in Harare, Zimbabwe
Thursday, February 26, 2009 5:39:55 AM

PRIME Minister Morgan Tsvangirai has offered himself as surety for the release on bail of Roy Bennett, his nominee for the post of agriculture deputy minister.

Bennett, who is MDC treasurer-general, has been in custody since February 11 - just two days before he was to be sworn in as agriculture deputy minister in the inclusive government - accused of possessing firearms for acts of banditry and attempting to leave Zimbabwe illegally.

He was arrested as he attempted to secretly leave the country and was charged for his part in an alleged 2006 plot to overthrow President Robert Mugabe.
The charges stem from an alleged plot to assassinate President Mugabe in which one of the alleged conspirators, Peter Hitschmann, was jailed after weapons that were allegedly to be used in the plot were found concealed at his farm.
Bennett successfully applied for bail on Tuesday.


Justice Tedias Karwi granted him bail of US$2,000, told him to surrender his travel documents and to report twice a week to Harare Central Police Law and Order section. However, Bennett would remain in custody for at least seven days after the state opposed bail.

The Attorney General's office invoked a section of the Criminal, Procedure and Evidence Act, which allows them seven days to appeal the ruling.

The judge, in his ruling, accepted the defence's contention that Bennett was suitable for bail and could not interfere with investigations especially that his key witness, Peter Hitschmann, was still in custody.

The judge said Prime Minister Tsvangirai had assured the court that Bennett would attend trial without fail.

"The Prime Minister had given assurance that he would attend trial if he is required," he said.

Prime Minister Tsvangirai had written a letter to the High Court saying he was prepared to stand in his personal and official capacity as surety for Bennett.

In his letter, Tsvangirai said as the Prime Minister in the inclusive government he had appointed Bennett as his deputy minister of agriculture.

The letter raised the judge as well as the prosecutions team's eyebrows, especially that a senior government official had offered himself as surety, which would compromise the independence of the investigations.

"This is a bit unprecedented that a Prime Minister or President in government will give personal surety," Justice Karwi said.

Defence lawyer Beatrice Mtetwa explained that the gesture by the Prime Minister meant an absolute guarantee that Bennett would not abscond.
"If applicant flees, the Prime Minister has the power to ensure he is brought back to this jurisdiction to face trial. It's an absolute guarantee that he stands trial," said Mtetwa.

But Justice Karwi said any case brought to court should be dealt with on its own merit without bringing politicians into play.

This was after Chris Mutangadura of the Attorney-General's Office, who was opposing bail in the case, described the action by the Prime Minister as irregular and urged the court to disregard the letter.

"The Prime Minister's letter is irregular, in my humble view. When the law permit sureties, it is my humble view that the court should have regard to the intention of the legislature," he argued.

He said it was improper for a member of the Executive to interfere with the Judiciary.

"This is a serious infringement on the separation of powers," Mutangadura said, before the judge restrained him from "attacking the Prime Minister in public."

"You [Attorney General's office) did not advise the Prime Minister that he was creating problems. You should not be seen attacking him in public," the judge said.
However, the judge warned the Executive against interfering with the Judiciary, which he said, should be allowed to operate freely.

Labels: MORGAN TSVANGIRAI, ROY BENNETT

posted by MrK @ 5:38 AM