ZLHR press release: Zimbabwe: Justice Prevails as Judge Bhunu Acquits Bennet
Zimbabwe Lawyers for Human Rights (ZLHR) welcomes today’s acquittal of Deputy Agriculture Minister-Designate and Movement for Democratic Change (MDC) Treasurer-General, Senator Roy Bennett on spurious charges of insurgency, banditry, terrorism and sabotage leveled against him last October.
On Monday 10 May 2010 High Court Judge Justice Chinembiri Bhunu freed Bennett after ruling that the State’s prosecution team, led by Attorney General (AG) Johannes Tomana, had failed to establish a prima facie case against the former Chimanimani Member of Parliament.
Justice Bhunu ruled that there was no nexus between Bennett and the commission of the offences which he was alleged to have committed; he also ruled as inadmissible emails which were produced as evidence in court by the State during Bennett’s prosecution. The High Court Judge said the depth of ignorance exhibited by Perekai Mutsetse (the State’s witness who claimed to be an IT expert) during cross examination by defence lawyer Beatrice Mtetwa was “amazing”.
Bennett’s acquittal once again vindicates claims by ZLHR that his arrest, prolonged arbitrary detention, and protracted trial were tools of persecution rather than prosecution.
Justice Bhunu’s ruling - which delved into the lengthy delays by police in investigating the alleged offences, and the failure by the State to realize the weakness of its evidence against Bennett - further confirms our unwavering belief that the police and prosecutorial authorities in Zimbabwe remain grossly unprofessional, partisan, and biased against human rights defenders and legitimate political activists, whose rights they remain intent on violating.
The assault against Bennett – including his unlawful arrest and detention and the time-consuming prosecution - has a chilling effect on the lawful activities of others like him, as the State is no longer able to assure the public that it is willing to comply with its constitutional and international legal obligations to protect the rights of accused persons and prosecute only where there is reasonable suspicion and/or evidence of criminal behavior.
Although ZLHR welcomes the long overdue exoneration of Bennett, we wish to register our protest against yet another proven example of the abuse of criminal prosecution powers by the AG’s Office, and the continued waste of scarce taxpayers’ resources on such malicious prosecutions.
The escalating phenomenon of arbitrary arrests, detention, harassment and malicious prosecutions makes it necessary for ZLHR to call, once again upon:
- The Zimbabwe Republic Police and other state agents to cease their practice of arbitrarily arresting legitimate politicians and other human rights defenders without carrying out meticulous investigations in contravention of constitutional and other legislative safeguards preventing such action, and to comply with the legal requirement to have a reasonable suspicion that an offence has been committed before arresting an individual.
- The AG’s Office to professionally perform its function of providing correct and timely legal advice where it is clear that their clients are not complying with the law, and to ensure that they disprove the reasonable perception that they are complicit in allowing such prosecutions to continue where there is no evidence to sustain the charges.
ZLHR truly hopes that today’s developments will cause the authorities, including the police and the AG – who chose to prosecute this case himself – to pause, reflect on their politicized behaviour, and recommit themselves to a new and responsible manner of fulfilling their constitutional obligations. This must include refraining from selective application of the law; respecting the rights of accused persons; not prosecuting where evidence does not exist or has to be manufactured; and urgently attending to the prosecution of legitimate and critical cases of political violence where a litany of evidence exists to ensure successful prosecutions of real perpetrators of human rights violations.