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 Posted: Thu Nov 19, 2009 3:08 pm |
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Police admit falsifying evidence
http://www.thezimbabwetimes.com/?p=25134
November 17, 2009
By Our Correspondent
HARARE - A police state witness in MDC treasurer general Roy Bennett's
ongoing terrorism trial admitted Monday that police falsified evidence
when they added weapons which were not recovered from Peter Michael
Hitschmann, Bennett's co-accused.
Sipho James Makone, a Chief Superintendent in the police force, made
the startling admission when he was testifying in the high profile
trial.
Bennett's trial opened Monday with the deputy minister-designate
denying the charges both charges levelled against him.
He is being accused of possessing dangerous weapons as well as inciting
acts of insurgency.
On Tuesday, Makone, the investigating officer in Bennett's case, showed
the court an assortment of weapons which were allegedly recovered from
Hitschmann's house.
They included one FN rifle, an MP5 sub machine gun, an AK rifle, 8 Uzzi
sub machine guns, a one-inch signal pistol and some 3000 bullets of
different sizes and types.
Also recovered were 19 anti-riot hand grenades, 6 Stun MIA3 hand
grenades, 2 Schermuly signal smoke hand grenades, 1 illuminating hand
grenade and a rocket flair illuminating hand grenade.
But Makone told the court during cross examination by Bennett's lawyers
that two Uzzi sub-machine guns were not among the weapons recovered
from Hitschmann's Mutare house.
Makone, who looked bamboozled by the plethora of questions fired at him
by Beatrice Mtetwa, the lead defense counsel, blamed his juniors for
the oversight.
He said they were recovered from a Masvingo house belonging to Major
Israel Phiri, an army officer who was Hitschmann's co-accused. Two
other army officers were arrested.
Charges against the army trio were dropped before plea leaving
Hitschmann, a firearms dealer, to face the charges on his won and be
convicted for two and a half years.
Bennett is alleged to have been the chief financier in the arms
purchasing plot.
Makone was leader of an operation that involved state security agents
and army officers.
He told the court he led the arrest of Hitschmann and his co-accused
who were taken to the Zimbabwe National Army's Adams Barracks for
interrogation.
At the army barracks, Makone said, Hitschmann was given a piece of
paper where "he was allowed the opportunity" of writing everything he
knew about the weapons.
Asked why police would take accused persons to an "army establishment"
instead of a police station, Makone said he feared some of the
explosives would explode while in the custody of the police.
"We are not experts (on explosives)," said Makone, "We also did not
want to separate the accused persons with the exhibits."
He also said the input of the army and state security agents was
necessary at that stage of the case as they were the ones who had
unearthed the crime.
Makone further denied police took part in Hitschmann's torture at the
army barracks.
Hitschmann later told police he had admitted to charges against him
after being severely tortured.
The torture included being burnt with cigarette stubs and kicks on his
private parts, leading to his making "extracural statements"
implicating Bennett in the alleged conspiracy. He has since disowned
the statements.
Makone, who was also involved in the trial of Hitschmann, denied ever
hearing of any complaints of torture by Hitschmann. He said he has only
learnt of the claims during Bennett's trial.
"My Lord, I am not aware of any torture against Hitschmann," he told
the court.
On Monday, Makone was barred by presiding judge Chinembiri Bhunu from
continuously referring to Hitschmann's "confessions" to buttress his
evidence.
Bhunu said that it was unprocedural for a police officer to base his or
her evidence in a trial on statements extracted from an accused person
through torture.
The trial was adjourned to Thursday morning. |
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