Africa

Trial of Tsvangirai ally put off

By KITSEPILE NYATHI,NATION Correspondent, in HARARE
Posted  Saturday, October 17  2009 at  18:49

A High Court judge has postponed the terrorism trial of a top ally of Prime Minister Morgan Tsvangirai a day after his party temporarily quit the coalition government.

Roy Bennett’s detention last week on terrorism charges triggered the MDC boycott, which has paralysed the eight-month-old government.

Despite his release, Tsvangirai’s party on Saturday said it will not go back on its decision until a number of outstanding issues in the power-sharing agreement are resolved.

Bennett’s lawyers on Saturday approached the High Court demanding to be given more time to prepare for the trial. The Deputy Agriculture minister designate’s trial on banditry and terrorism charges was supposed to start on Monday.

An official from the Attorney General’s office Chris Mutangadura said the prosecution had consented to the postponement during a brief appearance at the High Court.

“We have conceded that we did not give the defense adequate notice as required by the Criminal Procedure and Evidence Act,” Mutangadura said.

“We gave them two days instead of at least 10. “They will now make an application for postponement of trial tomorrow, which the State will not have any problems with.”

Bennett’s lawyer, Beatrice Mtetwa, had intended to file an urgent application seeking to declare null and void her client’s indictment.

More time

“The State has agreed that they did not comply with mandatory provisions of the law when they indicted us”, she said. Mtetwa said the prosecution wanted the trial to start on October 27, but the lawyers will seek for more time.

Tsvangirai said Bennett was being “persecuted not prosecuted” and cited his treatment as one of the reasons behind his party’s drastic action.