Zimbabwe's high court judge Chinembiri Bhunu ruled Monday that key prosecution witness in the terrorism trial of MDC treasurer general, Roy Bennett, is a "hostile witness" and the state is "obliged" to cross examine him.
Justice Bhunu ruled that Hitschmann’s "demeanour" in the case is a grievance against the state making him a "hostile" witness warranting cross examination.
He (Bhunu) however invalidated the confessions made by Hitschmann arguing that they were not made freely.
Bhunu concurred with the defense counsel that the state could not use statements disowned by Hitschmann as the basis of impeachment but said he found the prosecution witness's conduct as legal ground for impeaching a state witness.
The judge's ruling follows applications by the prosecution team led by Attorney General, Johannes Tomana, to have Hitschmann impeached after he had departed from earlier statements implicating Bennett in the banditry charges, claiming state security agents forced him to do so.
The state alleges that the arms dealer was paid by Bennett to purchase weapons to assassinate President Robert Mugabe.
He (Hitschmann) was acquitted of the charges when arrested in 2006 but served a two year jail sentence for a lesser offence which he has appealed.
Bennett's trial draws sharp interest in the inclusive government formed by top political rivals, Robert Mugabe of Zanu PF and Morgan Tsvangirai of the Movement for Democratic Change (MDC) party.
Tsvangirai's MDC claims the ongoing trial of its top aide (Bennett) is a political ploy by Zanu PF to undermine the Global Political Agreement (GPA) and delay the swearing into office of Bennett as deputy agriculture minister.
The issue of Bennett is one of the outstanding contentious issues in the GPA.
Mugabe has however reiterated that Bennett has to be "cleared" by the courts first to be sworn into office.
Bennett's trial continues Tuesday.
