There is one thing that has occupied the mind of Zimbabweans who follow Zimbabwe's criminal court cases and particularly the trial of MDC's Roy Bennet.The prosecution has been one of the few I remember in recent zimbabwean legal history where the attorney general has taken the role of prosecutor.Legally there is nothing wrong with that.There is only two issues;it shows the president wants a conviction at any cost.Also it might expose the AG as the most incompetent Zimbabwean AG ever .
The issue that is mind boggling is the issue of a witness called Peter Hitschmann.The gentleman stated he had nothing to witness on behalf of the state right from the beginning.The state knew he was that 'hostile '(adverse) to their cause and still called him as a witness.It leaves one wandering what Tomana (johannes )wanted to achieve.
My guess is that Tomana wanted to have Hitschmann say anything in court just anything.The court would then see he was not for the prosecution and have the court with no choice than declare him a hostile witness and allow his impeachment.As we all know it did not work quite well as he was allowed impeachment but Judge was reluctant to accept some evidence from earler statements.The credibility of Hitschman's witness testimony depends on the earlier recorded staements.Because those have been thrown out as unacceptable then Tomana has nothing to compare hitschmann to.
I also find this wasteful.Another view would be that Tomana knew that Michael Peter Hitschmann (MPH)would be very valuable as a witness to the accused.He chose to make him a witness for the state so he can not be a witness for the accused?I am sure that is a possibility at law?I however think that has failed too.MPH will just say what he wants as he has already done.It is now up to Tomana the AG to find anything good there from.He will not find much,I think Tomana arikuumburuka musvina.Hameno hokoyo naBob.
This is the tragedy of being controlled like a dog;you are at the mercy of your handler.
Monday, 1 February 2010
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