Categories

Zim: Court blocks fake emails in MDC official’s case

WARNING: This is Version 1 of my old archive, so Photos will NOT work and many links will NOT work. But you can find articles by searching on the Titles. There is a lot of information in this archive. Use the SEARCH BAR at the top right. Prior to December 2012; I was a pro-Christian type of Conservative. I was unaware of the mass of Jewish lies in history, especially the lies regarding WW2 and Hitler. So in here you will find pro-Jewish and pro-Israel material. I was definitely WRONG about the Boeremag and Janusz Walus. They were for real.

Original Post Date: 2010-02-24 Time: 20:00:01  Posted By: News Poster

œInappropriate and not permissible

By Tendai Maronga

Harare – A High Court Judge on Tuesday barred lawyers for a top official of Prime Minister Morgan Tsvangirai’s MDC party charged with treason from using fake emails bearing the name of Attorney General (AG) Johannes Tomana to cross-examine a state witness. In a ruling that appeared to cripple efforts by lawyers for MDC treasurer Roy Bennett to show that email evidence submitted by the state implicating him could have been forged, the judge said that it was œinappropriate and not permissible for the defence to use the AG’s name in a false document in order to prove a point to court. œThe Attorney General is not a witness in these proceedings. That being the case, deliberately citing his name or office in a false document might have the effect of forcing him to give evidence in rebuttal, ruled Justice Chinembiri Bhunu.

Defence lawyer Beatrice Mtetwa had produced the fake emails in order to prove to court that emails can be falsely generated by anyone “ a point that could have derailed attempts by the state to use a bunch of emails allegedly printed from the computer of gun dealer Peter Michael Hitschmann that implicate Bennett in treason. The state alleges that Hitschmann was given money by Bennett to buy weapons for use to assassinate President Robert Mugabe. After the ruling Mtetwa, armed with a laptop and a printer, continued to cross-examine Precious Nyasha Matare a government employee who claims to have printed from Hitschmann’s laptop the emails that implicate Bennett. Mtetwa showed Matare a set of fake emails some in her own (Matare)’s name and another bearing the lawyer’s name. However Matare stuck to her statement that the emails that could get Bennett convicted were printed from Hitschmann’s laptop computer. œI am not an expert in computers but there are some differences in the emails that I printed and this one that I am holding. I printed the emails while the laptop was online, said Matare.

A senior police officer also testified on behalf of the state that Matare had printed the emails from Hitschmann’s computer in his presence, while an information technology (IT) expert called by state to buttress its case told the court that the emails were genuine because they bore the names of the sever from where they were printed. The IT expert said one could not back date email communications. Mtwetwa asked the court for time to seek expert opinion before she could cross-examine the state’s expert witness. The matter continues today. Prosecutors say Hitschmann implicated Bennett in 2006 when he was arrested after being found in possession of firearms, claims the gun dealer denies saying he was tortured into making the confessions during interrogation at a military barracks in March that year. If found guilty Bennett faces a possible death sentence, a development certain to plunge Zimbabwe’s shaky coalition government into unprecedented crisis.

Original Source: Zim Online (SA)

Source: http://www.zwnews.com/issuefull.cfm?ArticleID=22139