MDC member speaks of relief after being found not guilty of terrorism charges that could have resulted in death penalty.

 David Smith, Africa correspondent

guardian.co.uk,

 

Roy Bennett, a leading opponent of Zimbabwe's president, Robert Mugabe, has been acquitted of terrorism charges that could have resulted in the death penalty.

The high court in Harare, packed with supporters, journalists and foreign diplomats, erupted in cheers and applause today when a judge ruled that all charges should be dropped in a case that has strained Zimbabwe's unity government.

"It was incredibly emotional," a relieved Bennett told the Guardian. "To have the this hanging over your head, knowing it could mean the death penalty, has been very hard.

"I've got to thank God and think that good will always triumph over evil. This experience has fortified me and made me stronger."

Bennett, the treasurer general of the Movement for Democratic Change (MDC) party, had been accused of buying £3,000 worth of arms in 2006 to carry out acts of insurgency, sabotage, banditry or terrorism in a plot to topple Mugabe.

Bennett's supporters, including the prime minister and MDC leader, Morgan Tsvangirai, maintained the charges were baseless and aimed at undermining the coalition.

Judge Chinembiri Bhunu ruled that the most important evidence presented by prosecutors was inadmissible – a confession an arms dealer said he was tortured into making.

The judge ruled that prosecutors had failed to prove that emails allegedly linking Bennett to the arms dealer were genuine.

"The state has failed to prove its case," the judge told the court as he dismissed the charges. "The accused is accordingly found not guilty."

Bennett, 53, said later: "The judge said everything was discredited and on that basis he had no option other than acquittal. The prosecution had failed to prove any link between me and the case.

"He discredited badly the 'email expert' witness. It had all dragged on for three years. He had no option but to discharge it. I am very happy. This judgement gives hope that we are returning to justice and the rule of law."

The white ex-farmer admitted he was surprised by the verdict, having expected Mugabe's Zanu-PF party to keep him embroiled in the case as long as possible.

"I've always known of my innocence," he said. "I now feel very elevated and have a sense of hope for the people of Zimbabwe. I've been persecuted a long time, as many people have been persecuted. Let's hope this is the end of the persecution and a positive sign for the future."

The MDC says that more than 100 members and activists are facing various trumped-up charges across the country.

Bennett was arrested in February last year, on the day he was due to be sworn in to the inclusive government as deputy agriculture minister.

His appointment has been a major bone of contention between the MDC and Zanu-PF, which protested that his court case must be resolved first. Bennett said: "It's very difficult for Zanu-PF to block it now."

His lawyer, Beatrice Mtetwa, hailed the verdict: "Justice has been done."

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