Judge Dismisses Hearsay Evidence In Bennett's Case
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Discovered: 2009-11-16 10:25:50 |
Author: Millie Phiri |
Source: RadioVop Zimbabwe
| - High Court Judge Chinembiri Bhunu has thrashed attempts by Attorney General Johannes Tomana to lead evidence in Mdc treasurer general Roy Bennett’s banditry trial using “hearsay” evidence sourced from Peter Michael Hitschmann , the State’s Star witness. This was after the State, led by Tomana , had brought its first witness, Mutare policeman Chief Superintendent Sipho James Makone to come and give evidence in Bennett’s trial. Bennett faces charges of possessing dangerous weapons for terrorism as well as inciting acts of insurgency. Makone on his part said he had no first hand information on Bennett’s allegations saying his evidence was based on searches he had conducted at Hitschmann ’s house in 2006 and the confessions made by the firearms dealer. But the defence led by Beatrice Mtetwa vigorously opposed the State leading evidence based on hearsay by the senior police officer. “According to Section 253 of the Criminal Procedure and Evidence Act, no evidence which is the nature of hearsay evidence shall be admissible,” Mtetwa told the court. Mtetwa was adamant Hitschmann must be called to testify first in the state’s line up of witnesses before those who are supposed to corroborate his evidence can be called to testify. “He can’t submit hearsay evidence before Hitschmann comes to testify,” Mtetwa said. “Before Hitschmann has given his evidence, everything that was allegedly said or done with the witness remains hearsay evidence. My learned friend must first establish that Hitschmann made the statement freely.” Her interjection caused the adjournment of the trial which resumed later in the afternoo... ... |
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