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State plans to serve indictment papers on Senator Bennett
Movement for Democratic Change (MDC)
October 12, 2009

The trial of MDC national treasurer and deputy Agriculture Minister designate, Senator Roy Bennett on trumped-up charges of insurgency is due to start in the regional court in Mutare tomorrow.

However, it has come to the attention of the MDC that the Attorney General's Office is intending to serve indictment papers on Senator Bennett at the start of his trial requesting that the matter be moved to the High Court and that Senator Bennett be remanded in custody.

Senator Bennett was arrested on 13 February 2009 for offences allegedly committed in 2005.

Senator Bennett was initially granted bail in June by the High Court but the State appealed against the bail order with the effect that the case was referred to the Supreme Court. The Supreme Court upheld the High Court decision and he was released on bail.

In June 2009 the State set down 13 October as Senator Bennett's trial's date in the Regional court in Mutare.

Since then the State has failed to provide Senator Bennett with evidence against him despite numerous demands by his lawyers for them to do so.

The serving of indictment papers to Senator Bennett on a day his trial is scheduled to commence will immediately result in him being remanded in custody.

It would also mean that his trial in the High Court would only commence sometime next year as the High Court calendar is already full until February 2010. It is also clear that contrary to the submissions made by the State in June 2009 at the Mutare Magistrates' Court, the State does not at this stage have evidence to carry out a prosecution against Senator Bennett.

The intended serving of indictment papers on Senator Bennett is therefore a malicious ploy by the Attorney General's office to keep his criminal charges pending thereby denying him opportunity to be sworn in as the deputy Agriculture Minister.

Senator Bennett is keen to prove his innocence at the earliest possible opportunity and thus, in the interests of justice the MDC demands that the case be allowed to proceed in the regional court as mandated. Any other move will be viewed as political interference and persecution by the AG's office.

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