Judge rules key statements inadmissible, setting back prosecution of top aide to Zimbabwean PM

Zimbabwe prosecution set back in PM aide case

HARARE, Zimbabwe — A judge dealt a setback to prosecutors in a trial that has strained Zimbabwe’s coalition government, ruling Monday that statements made by a key witness who claims he was tortured are inadmissible.

Roy Bennett, a top aide to Prime Minister Morgan Tsvangirai, has pleaded not guilty to weapons and insurgency charges that could carry the death penalty.

High Court Judge Chinembiri Bhunu said Monday that police had not followed proper procedures when they took statements from weapons dealer Peter Michael Hitschmann before Hitschmann’s own trial several years ago.

“The confessions he made were made as the accused in his trial not as a witness, so they cannot be used in this trial,” the judge said.

Hitschmann had testified earlier in Bennett’s trial that state security agents tortured him into confessing and implicating Bennett. The judge said Monday that prosecutors could treat Hitschmann as a hostile witness.

“He has told the court he had a bone to chew with the state following the torture that he went through and there are some statements that he made that must he explain to the court,” Bhunu said.

Hitschmann was arrested in 2006 and initially accused of plotting to assassinate President Robert Mugabe. Bennett was only later accused in the case.

Tsvangirai, a longtime opponent of Mugabe, says the charges are baseless and part of efforts by Mugabe loyalists to undermine the coalition government formed almost a year ago. Leaders of Mugabe’s party deny the accusations, saying it should be left to the judge to determine the merits of Bennett’s case.