Harare - The prosecution's star witness in the trial of Roy Bennett, Zimbabwe's junior agriculture minister-designate, for terrorism and insurgency, on Wednesday failed in his bid to secure time to seek legal advice. Prosecutors allege arms dealer Michael Hitschmann was paid by Bennett to buy weapons to assassinate government officials.

Bennett, a former white commercial farmer and opposition activist has been charged with illegal possession of weapons for purposes of terrorism, banditry and insurgency.

At the start of Wednesday's proceedings in the High Court in Harare, Hitschmann asked the court to allow him to seek legal advice as he did not want to jeopardize his appeal in the Supreme Court against a 2006 conviction for possession of arms of war without a licence.

"With respect, the attorney general now requires me to answer questions pertaining to my trial and I have to request my rights in this matter. I am prepared to assist the state in whichever manner, but not to the extent of jeopardizing my appeal," Hitschmann said.

Attorney General Johannes Tomana, who is leading the prosecution, responded immediately, saying: "There is no merit in the fear the witness is pressing."

Presiding Judge Chinembiri Bhunu turned down Hitschmann's request.

But not before a heated exchange took place between the prosecution and Bennett's lawyer Beatrice Mtetwa over suggestions from prosecutors that Hitschmann was being influenced by Bennett's defence team.

"Do you have any evidence that they manipulated the witness? It appears you are side-tracking and wasting our time. Remain focused on the issues at hand," Bhunu said.

The judge had earlier ruled that the state did not have a strong enough case to impeach Hitschmann. Prosecutors had sought to do so when the trial resumed Tuesday, saying the arms dealer was now siding with Bennett despite earlier testimony against him.

Charges against Bennett arose in 2006 when Hitschmann was found with an arms cache, which the prosecution says he acquired after he was given 5,000 US dollars by Bennett to topple President Robert Mugabe.

According to the prosecution, Bennett was implicated through emails and a confession that Hitschmann allegedly made. The arms dealer has since distanced himself from the confession.

He denied in testimony Tuesday that he had written the emails produced in court as evidence of his alleged dealings with Bennett, prompting prosecutors to declare him a "hostile and unfriendly witness."

Hitschmann was acquitted of terrorism in 2006 but served a two- jail sentence for a lesser charge of possessing weapons without a licence. The weapons included six sub-machine guns and two machine guns. These have been produced as exhibits by the prosecution in Bennett's trial.

By Staff reporter and agencies