Bennett’s lawyer Beatrice Mtetwa recently wrote to the Registrar of the Supreme Court requesting an update on the status of Tomana’s appeal in which Chief Justice Godfrey Chidyausiku reserved judgment.
“We enquire when we might expect a decision in the matter as our client is anxious that this matter continues to hang over his head,” reads part of Mtetwa’s letter.
Chidyausiku indefinitely reserved judgment in July when he presided over an appeal lodged by Tomana in May challenging the acquittal of Bennett.
High Court Judge, Justice Chinembiri Bhunu in May acquitted the Deputy Agriculture Minister-Designate, at the close of the State’s case. Bennett had been on trial since last October on spurious charges of insurgency, banditry, terrorism and sabotage.
In acquitting the former commercial farmer Justice Bhunu ruled that the State’s prosecution team, led by Tomana, had failed to establish a prima facie case against the former Chimanimani Member of Parliament.
In his appeal the AG argues that Justice Bhunu misdirected himself when he acquitted Bennett in that he assessed pieces of evidence in isolation rather than adopting a holistic analysis of the admittedly circumstantial evidence adduced by the State.
Tomana also contends that Justice Bhunu erred in adopting a piecemeal approach to evaluate the weight of evidence brought before him by the State, whose prosecution team was led by the AG himself, assisted by Chris Mutangadura, the chief law officer and Florence Ziyambi, the Director of Public Prosecutions in the AG’s Office.