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: JURIST - The Paper Chase

Zimbabwe court rejects coerced statements in trial of cabinet nominee

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Zimbabwe's high court Monday struck out evidence from a key witness in the trial of Zimbabwe Movement for Democratic Change (MDC) party treasurer and deputy agriculture minister-nominee Roy Bennett. Peter Michael Hitschmann was called as the attorney general's main witness against Bennett, but alleged in court that security officials tortured him while in custody to obtain statements against Bennett. The State sought to use the confessions and additional e-mail correspondence as evidence to impeach Hitschmann for inconsistent statements. Judge Chinembiri Bhunu ruled that the statements made by Hitschmann were not freely made, invalid, and could not be used as evidence as they were not signed by Hitschmann. Bennett's trial began in November after being delayed in October to allow counsel more time to develop a defense. Bennett's defense lawyer, Beatrice Mtetwa, asked the court to prohibit evidence obtained from Hitschmann. Bennett faces charges under Zimbabwe's Public Order and Security Act for unlawfully possessing weapons and provoking others "to commit terrorism, banditry and sabotage." The weapons charges involve a possible death sentence. Bennett was originally arrested on weapons charges in February, and was later released on bail in March. Bennett was then re-arrested on the same charges in October, only to be released on bail again. Bennett was originally sought for questioning in relation to similar allegations in 2006, but he had been seeking asylum in South Africa until recently. Treason charges against him were dropped in favor of the terrorism and other charges. Zimbabwe Prime Minister Morgan Tsvangirai had nominated Bennett to be deputy agriculture minister.

Full post as published by JURIST - The Paper Chase on January 25, 2010 (boomark / email).