Judge slams prosecution in Bennett’s case

High Court Judge Justice Chinembiri Bhunu on Wednesday dismissed an application by the State to impeach its key witness, Peter Michael Hitschmann, after he distanced himself from statements implicating Roy Bennett in a plot to overthrow the ZANU PF government.

Hitschmann was acquitted in 2006 of the same terrorism charges facing Bennett, although he served time after being convicted of possessing dangerous weapons, despite being a registered arms dealer.

On Tuesday, prosecutor Johannes Tomana had made an application to impeach the firearms dealer, after he changed the statement he made in 2006, which he claims was made while under torture. If Hitschmann had been implicated his evidence would have been discredited and he would have been declared a ‘hostile witness.’

But Justice Bhunu threw out the application saying it was ‘incompetent’ of the State to challenge the credibility of its own witness without following proper procedure.

Hitschmann, the prosecution's star witness, continued giving evidence after the ruling on whether or not to impeach him. But as soon as the questioning started he made a personal application to the Judge asking the court to protect him.

The firearms dealer said the reason he felt under threat was because he believed he should not be on the witness stand answering questions that could be prejudicial against him.

He said after his conviction in 2006 he made an appeal to the Supreme Court against both his conviction and sentence, but he went on to complete the sentence (more than two years), before the appeal had been heard in the ... ...

• 
  Share