Thulasizwe Simelane, Zimbabwe
Zimbabwean prosecutors will this morning respond to Movement for Democratic Change (MDC) Treasurer Roy Bennett's application for a dismissal of the case against him.
Bennett's lawyers lodged the application earlier this week after the prosecution concluded its case. He faces the death penalty if convicted of financing an alleged plot to overthrow President Robert Mugabe through acts of banditry, terrorism and sabotage.
After 11 state witnesses took the stand, counsel for Bennett, Beatrice Mtetwa does not believe any of their testimony is worth responding to.
The State's case has been fraught with set backs, including the judge ruling that the confessions of their key witness are inadmissible as they were obtained under torture. The State's key witness - former policeman Peter Hitchman ended up being a godsend to the defence, as he disowned any statements he made previously that implicate Bennett - leading the court to declare him a hostile witness.
Yesterday, lawyers for the Zimbabwean opposition politician said: "The entire State's case is based on fiction". Mtetwa told the court: "We submit that the facts presented by the State are not sufficient to have a conviction."
Bennett claims that he is being persecuted by President Mugabe's Zanu-PF party to stop him from taking up the post of deputy agriculture minister.
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