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Tomana wades into Bennett's prosecution as judge postpones his trial
Zimbabwe Lawyers for Human Rights (ZLHR)
October 19, 2009

The prosecution of Deputy Agriculture Minister Designate Roy Bennett took a dramatic twist on Monday after Attorney General (AG) Johannes Tomana took charge of the prosecution of the Movement for Democratic Change (MDC) Treasurer-General.

Tomana took over the role of lead State counsel from Michael Mugabe, a law officer in his office who all along had been handling Bennett's prosecution.

The AG opposed an application filed by Bennett's lawyers seeking a postponement of the trial.

Although Tomana conceded that the State had not granted Bennett enough time to prepare his defence he argued that the matter is a serious case and of national interest and must be dealt with as a matter of urgency because it had plunged the transitional coalition government into a crisis.

Tomana, who was assisted by Florence Ziyambi, the Director of Public Prosecutions and two law officers Michael Mugabe and Chris Mutangadura asked Justice Joseph Musakwa to postpone the trial to 27 October 2009.

But Bennett's lawyers comprising Beatrice Mtetwa, Trust Maanda and Blessing Nyamaropa, all members of Zimbabwe Lawyers for Human Rights (ZLHR) who had earlier applied for postponement of the trial maintained that their client needs more time to engage a legal counsel of his own choice.

The defence lawyers also argued that the State was still to furnish them with other relevant papers and materials which it was depending on in the prosecution of the former Chimanimani legislator and that one of Bennett's lawyers Mtetwa won't be available on the suggested trial date.

Justice Musakwa then postponed the trial to 09 November 2009 after Tomana agreed to a postponement following discussions with Bennett's lawyers.

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