By Jennifer M. Haralambides
Impunity Watch Reporter, Africa

HARARE, Zimbabwe – The trial of a Prime Minister Morgan Tsvangirai’s senior aide was adjourned in the Harare High Court on today so the judge could deliberate the admissibility of evidence that was allegedly gathered through torture.

The state’s key witness, Peter Michael Hitschmann, who was convicted of the illegal possession of weapons in 2007, alleges that he was tortured into implicating Bennett in the coup plot.  Bennett’s lawyers claim the state is insistent upon using the statements made by Hitschmann in order to show that Bennett planned to overthrow President Robert Mugabe.

Hitschmann was arrested in 2006 and initially accused of plotting to assassinate Mugabe.  Bennett had not been linked to the case until his arrest this past February.

The charges Bennett faces are for “possessing weapons for the purpose of terrorism.”  They carry a possible death sentence or life imprisonment if convicted.

Mugabe’s Zanu-PF party leaders deny any accusations of torture, saying it should be left to the judge to determine the merits of Bennett’s case.  Sources also say that Bennett has been a thorn in the side of Mugabe’s Zanu-PF party for some time.

Beatrice Mtetwa, Bennett’s defense attorney, said that Bennett “cannot have a fair trial if false, inadmissible and no[n] existent evidence is smuggled into the court.”

He [Hitschmann] has disowned that statement and does not want to testify for the state,” she added.

This trial comes at a critical time for the country because the Southern African Development Community has instructed Mugabe and Tsvangirai to resolve their differences with in the next 30 days.

Lovemore Matombo, the president of the Zimbabwe Congress of Trade Union, and another Mugabe critic, was also arrested Sunday night while addressing local union members.  Other local union leaders and national staff members were also arrested.

Tsvangirai’s party, The Movement for Democratic Change (MDC), has called the prosecution of Bennett a “malicious prosecution” which caused the party to temporarily withdraw from the unity government with Mugabe last month.

The judge is expected to make his ruling on the admissibility of the evidence on Wednesday.

For more information, please see:

Aljazeera – Tsvangirai Aide’s Trial Adjourned – 9 November 2009

AFP – Zimbabwe Lawyer: Witness Tortured in Weapons Trial – 9 November 2009

AP – Trial for Top Zimbabwean PM’s Aide Gets Under Way – 9 November 2009

CNN – Mugabe Opponent Bennett’s Trial Adjourned – 9 November 2009

Daily Nation – Zimbabwe Minister’s Trial Begins – 9 November 2009