Thursday, September 30, 2010

(TALKZIMBABWE) Bennett goes AWOL

COMMENT - Roy Bennett's arrogance and sense of entitlement will always get the better of him (whatever that 'better' is).

Bennett goes AWOL
By: TH-TZG
Posted: Thursday, September 30, 2010 2:02 am

LAWYERS representing High Court judge Justice Chinembiri Bhunu in a case in which he is suing MDC-T treasurer Mr Roy Bennett for defamation say the white former commercial farmer has gone into hiding.

Justice Bhunu has filed a US$1 million defamation lawsuit against Mr Bennett over “distasteful” remarks he reportedly made in the media against the judge. Ironically, the same judge is the one who freed Mr Bennett on terror-related charges earlier this year.

Chikumbirike and Associates, who are appearing for the judge, said that Ms Beatrice Mtetwa of Mtetwa and Nyambirai — who represented the politician in the terror trial — refused to accept the summons saying she had no instructions to represent him in the civil suit.

Sources from the law firm said efforts to personally serve Mr Bennett since last Friday were proving fruitless as he is reportedly overseas.

Yesterday, the lawyers sent the summons to the deputy sheriff for service at an address Mr Bennett gave when police recorded a warned and cautioned statement from him in the terrorism case.

“Ms Mtetwa refused to receive the summons on Mr Bennett’s behalf . . .

“Another address that we had was a South African one. We are failing to locate him,” said an impeccable source.

In a letter to Justice Bhunu’s lawyers on September 28, Ms Mtetwa said she had no powers to accept service on Mr Bennett’s behalf.

“We do not hold general powers of attorney to handle all of Mr Bennett’s affairs and therefore do not have authority to accept the summons.

“In fact, Mr Bennett’s civil matters are normally handled by Honey and Blackenberg law firm and we are not in a position to say whether or not they will be handling the matter.

“Mr Bennett is currently overseas. Might we suggest you send a copy of the summons to us for purposes of scanning the same to him for his instructions?

“We are in email contact with him.”

According to case number HC 6724/10, the judge is demanding damages for remarks attributed to Mr Bennett by the Guardian newspaper, a British publication, on May 24, 2010.

Mr Bennett reportedly insinuated that Justice Bhunu was compromised.

The politician is said to have said justice was selective and “the very judge that is trying me is the owner of a farm that he’s been given through political patronage”.

Justice Bhunu says the remarks “were intended to convey and be understood by the readers of the Guardian newspaper to mean that the plaintiff was not a fit and proper person to be a judge of this honourable court and to preside over the trial of the defendant in that: Plaintiff was deliberately selected to preside over the defendant’s trial by persons that will stop at absolutely nothing to achieve their ends by a selective application of the rule of law”.


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