A Zimbabwean High Court has dismissed an attempt by the country’s Attorney General to impeach a key state witness in theongoing terrorism trial of Roy Bennett, top aid to Prime Minister Morgan Tsvangirai.
 
 
By Nkosana Dlamini, Zimbabwe

 
Firearms dealer Peter Michael Hitschmann, an alleged accomplice to Bennett although acquitted of the offence, has refused to support the State's evidence in the trial.
 
Bennett, a legislator in Tsvangirai’s MDC party, is being accused of illegally acquiring weapons to dethrone the old administration led by long serving President Robert Mugabe (85). He denies the charges.
 
Hitschmann has disowned all the confessions he allegedly made over the coup conspiracy claiming he made them under severe torture from members of a combined investigation team which involved the police, army and intelligence.
 
The State, led by Attorney General Johannes Tomana, now wants the courts to declare Hitschmann a hostile witness and allow it to discredit his evidence.
 
“My ruling is simply that it is incompetent for the State to start discrediting its own witness without following proper impeachment procedures,” ruled Justice Chinembiri Bhunu, who is presiding over the high profile case.
 
During Wednesday's hearing, Hitschmann requested the courts to allow him to seek his own lawyer in the matter, submissions which were vehemently opposed by the State counsel.
 
“A witness loses his right to legal representation if he becomes a State witness,” said Tomana, whose appointment is being vehemently challenged by the MDC.
 
His submissions infuriated the defence counsel.
 
“It is bizarre and impossible to suggest that a State witness is worse that an accused person. An accused person is entitled to a lawyer,” said lead defence counsel Beatrice Mtetwa.
 
“There is nowhere where it is provided that once you become a State witness, you lose all your rights to legal representation.”
 
Hitschmann, who stood pensively in the witness's box, besought the judge to allow him legal representation. If he continued to give evidence under the present conditions, he said, he would prejudice his pending appeal against his conviction 2006 where he was found guilty of possessing dangerous weapons.
 
“I am prepared to assist the state in which ever manner I can but not to the extent of possibly jeopardizing my appeal.
 
“If you continue to proceed in this manner I would request you to legal representation.”
 
Hitschmann has served for possession of dangerous weapons but has appealed against both conviction and his two year sentence.
 
The MDC claims its national treasurer is being unfairly victimized in an attempt to bar his swearing in as deputy minister of agriculture in Zimbabwe’s transitional government formed 11 months ago by the once
bitter rivals.
 
During trial, the court was shown video footage of Hitschmann "confessing" to having committed the crime. The defence says the video has no evidential value on Bennett’s trial.