Wednesday, February 03, 2010

(TALKZIMBABWE) Blow for Bennett as emails are admissible

Blow for Bennett as emails are admissible
Tendai Nyatanga
Wed, 03 Feb 2010 21:05:00 +0000

DEFENCE lawyers for MDC-T financier Roy Bennett have failed to stop e-mail evidence from being used against him at his terror trial in Zimbabwe.

Prosecutors say the messages prove Bennett had contact with an arms dealer and support their view that he plotted to overthrow President Robert Mugabe. Bennett faces insurgency, banditry, terrorism and several other charges and could face the death penalty if convicted.

He is an ally of Prime Minister Morgan Tsvangirai, and is the treasurer and financier of Movement for Democratic Change (MDC-T).

The e-mails are alleged to show contact between Bennett and Peter Hitschmann, a convicted arms dealer.

Hitschmann was called as a prosecution witness after implicating Bennett in earlier testimony, but on the stand he said his evidence had been extracted under duress.

Judge Chinembiri Bhunu said testimony obtained under duress was inadmissible, but on Wednesday ruled that the e-mails could be considered as evidence.

"The e-mails cannot be tainted by the alleged abuse suffered by Hitschmann," Judge Bhunu said.

"They are relevant and vital to the fair resolution of the case and are hereby admitted as evidence."

Attorney General Johannes Tomana said he was happy with the judge's decision.

"Our link between Hitschmann and the accused person is in the communication between the two of them," he said outside court.

"Those e-mails are the basis upon which the state founds the connection between Hitschmann and Bennett."

Bennett is the MDC-T party's nominee for the post of deputy minister for agriculture. President Mugabe says he will only be installed if acquitted

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