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Bennett granted bail, state opposes
TZG/Herald Reporter
Wed, 25 Feb 2009 00:02:00 +0000
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FORMER white farmer and Movement for Democratic Change party’s national treasurer Roy Bennett, accused of possessing firearms for acts of banditry was yesterday granted US$2 000 bail, but remains in custody after the state appealed against the decision.
Bennett, who is also accused of attempting to leave Zimbabwe illegally, was granted bail by Justice Tedias Karwi, but the prosecution invoked invoked the provisions of Section 121 of the Criminal Procedure and Evidence Act, which provides for suspects to remain in custody for seven days, while the State considers noting of an appeal against the court’s decision.
Bennett’s defence team now seeks to nullify that decision at the Supreme Court.
Prime Minister Morgan Tsvangirai offered himself as surety for his release.
Bennett was ordered to surrender his travel documents and reside at the given address until the case is finalised.
"The applicant (Bennett) shall not interfere with investigations. He will report to Harare Central Police Station, Law and Order Section, twice a week on Mondays and Fridays," said Justice Karwi.
The defence had argued that Bennett was suitable for bail and could not interfere with investigations which should have been completed long ago as he was in custody.
Justice Karwi agreed with the defence’s contention.
"If he had wanted to abscond he would not have come back to this jurisdiction. It is my considered view that it is impossible for the applicant to interfere with investigations as the alleged key witness is in custody.
“I am satisfied that the interest of justice would be served by admitting applicant to bail with stringent conditions," said Justice Karwi.
The judge also said the decision to grant bail was arrived at after Prime Minister Tsvangirai assured the court that Bennett would attend trial without fail.
"The Prime Minister had given assurance that he would attend trial if he is required," he said.
However, the judge warned the executive against interfering with the judiciary, which he said, should be allowed to operate freely.
Prime Minister Tsvangirai had written a letter to the High Court and presented by lead defense counsel Ms Beatrice Mtetwa, saying he was prepared to stand in his personal and official capacity as surety for Bennett.
The judge queried the action.
"This is a bit unprecedented that a Prime Minister or President in Government will give personal surety," Justice Karwi said, seeking an explanation from the defence.
Ms Mtetwa said the gesture by the Prime Minister meant an absolute guarantee that Bennett would not abscond.
"If applicant flees to South Africa, the Prime Minister has the power to ensure he is brought back to this jurisdiction to face trial. It’s an absolute guarantee that he stands trial," said Ms Mtetwa.
In opposing bail, Mr Chris Mutangadura of the Attorney-General’s Office, described the action by the Prime Minister as irregular and urged the court to disregard the letter.
"The Prime Minister’s letter is irregular, in my humble view. When the law permit sureties, it is my humble view that the court should have regard to the intention of the legislature," he argued.
He said that it was improper for a member of the executive to interfere with the judiciary. "This is a serious infringement on the separation of powers," Mr Mutangadura said before the judge restrained him from attacking his principal in public.
Justice Karwi reminded the prosecutor that as a representative of the AG’s Office, he was a chief adviser of Government and they should have advised their principal accordingly.
"You did not advise the Prime Minister that he was creating problems. You should not be seen attacking him in public," he said.
Mutare-based lawyer Mr Trust Maanda assisted Ms Mtetwa.
-TZG/Herald
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ARTICLE ATTACHMENTS
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toddkidd • toddkidd67@yahoo.com
Subject: Bennett Should Hit the Door Running
Wed, 25 Feb 2009 19:04:00 • Mr. Bennett should be given a one way ticket out of town. No apologies or excuses necessary. He has caused a lot of problems in Zimbabwe. If he refuses to leave, treat him like a slave like black Zimbabweans were treated.
Thanks. Black American in New Orleans.
n/a • n/a
Subject: Bennett
Wed, 25 Feb 2009 17:23:19 • Bennettitis is a new illness that is afflicting some of us Zimbabweans. The Western media is trying to sanitise Bennett by portraying him as the kindly coffee farmer who is well liked and had his farm repossessed by the uncouth natives.Bennett's history is rapidly catching up with him. Bennett was a member of Ian Smith's Selous Scouts who carried out unbelievable acts of barbarism against black Zimbabweans during the war of liberation. Torture, maiming,necklacing ,hanging,rapes,killing ,biological and chemical warfare etc. Why is Bennett getting all this media coverage even having his case debated in the US senate? Is race a factor in the coverage of his story? Bennett is no democrat but an unrepentant Rhodie. If there are charges against this fellow, then let the law take its course.That Beatrice Mtetwa, the Swazi woman, does not seem to know how the law works and seems to use high profile cases to improve her own profile as a so called human rights lawyer.
Tsvangirai is wrong to intervene in a judiciary process and is setting a wrong precedent.Independence of the judiciary and rule of law should be adhered to PM.
Knowing Bennett's past record,one cannot be surprised by the news that the old goat could be up to his old counter-insurgency ways that were crafted during his Selous Scout days.Please editor we have had enough stories about Bennett. There are more important issues than Bennett. Even Mandela and Mugabe who were incarcerated for years did not receive this kind of attention from the world media.Why doesn't the world media ask Zimbabweans who were victims of Bennett's Selous Scouts activities what they really think of him? Finding the real truth about Bennett will not fit the propaganda purposes will it?
Thokozile • n/a
Subject: Bennet granted Bail,
Wed, 25 Feb 2009 15:37:22 • I totally agree with you Mhofeti, imagine the chaos, when every politician starts doing like their own Prime Minister. Is the Prime Minister going to be able to control it, yet being the one who will have started it.This is shocking. We wonder what the future holds for our judiciary, given the naked abuse of office by the whole Prime Minister of a country. Our courts are being turned to some circus.
This is unacceptable, citizens should be protected by the law and not by politicians.Bennet can abscond to South Africa, or anywhere outside Zim, and noone can return him to Zim. He has been a fugitive from justice, and he can still be. The independence of our judiciary is seriously threatened. The letter will by whoever judge never be viewed as an ordinary surity. It is actually an instruction or will be viewed so. It is bad when politicians starts instructing the courts, the worst form of corruption. We ain't seen nothing yet. These are self proclaimed proponents of democracy, rule of law, transparency. etc.
Mhofeti • pasizw@yahoo.co.uk
Subject: Bennett granted bail, state opposes
Wed, 25 Feb 2009 09:54:04 • That's plain interference from our PM I'm afraid. Supposing Bennett were to run away what absolute power does our PM have to bring him back from wherever he will have run to? Is our PM saying if Bennett flees to say UK, he has power to ensure he comes back to attend court? I'm also imagining what this letter could have translated to had our PM been the executive president of Zimbabwe? In short it's unusually suspicious for a PM to take such a personal interest in a case especially after advocating for the rule of law and independence of the judiciary. I have no doubt in my mind that this sets a very wrong precedent in the new Zimbabwe and must be condemned. Can you imagine the chaos in the judiciary system when other political heavyweights also start writing their personal sureties to magistrates and judges?
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