Is Mugabe with the JOC or with the GNU..?His silence is worrisome as the malicious prosecution of Bennett proceeds.

The unpopular colonial legislation, the Public Order and Security Act (POSA) has been dug up to charge Roy Bennett with terrorism, banditry and sabotage.

The charge sheet talks about attempting to commit terrorism, banditry and sabotage; and conspiring to acquire arms with a view to disrupting essential services.

Also included on the charge sheet were charges of illegal possession of fire arms and weapons and attempting to leave the country illegally.

"The police know that they do not have a case against Roy Bennett," said the MDC spokesman, adding that the charges were scandalous and politically motivated.

The MDC also talked about "emerging deeper political issues" as being behind the arrest and charging of Bennett.

This could only mean that Patrick Chinamasa and the JOC are still resisting the government of national unity which President Robert Mugabe has entered into with Morgan Tsvangirai's MDC and Arthur Mutambara's splinter group.

President Mugabe chaired a cabinet meeting this morning attended by Morgan Tsvangirai and the new cabinet ministers, but there was no word reported from the meeting about the new crisis created by the arrest and now charging of Roy Bennett in a case considered to be a waste of time.

"Roy Bennett will not be used as ransom and he will not accept to be horse-traded for any political convenience," said the MDC spokesman.

The MDC continues to demand the immediate unconditional release of Roy Bennett, Jestina Mukoko, WOZA leadership and members and all political prisoners unharmed, but so far RobertMugabe, a partner in the unity government, has not said anything.

Lawyers for Roy Bennett successfully applied for the recusal of the Magistrate in the matter because the Magistrate had granted the order for the continued detention of Roy Bennett without hearing submissions of the defense first.

A new Magistrate is presiding the matter and the case continues this afternoon after a lunch break.