A JUDGE ruled on Wednesday that allegations the main witness in Roy Bennett’s terrorism trial was tortured can be raised during the trial, shooting down a prosecution attempt to keep the details off the court record.

Justice Chinembiri Bhunu said the defence would be allowed to argue Peter Hitschmann -- a weapons dealer who is the main witness against Bennett -- was tortured into confessing and implicating others.

But the judge also rejected a defence application to stop Hitschmann from being a state witness, and have his disputed “confession” declared inadmissible.

Hitschmann was arrested in 2006 and was initially accused of plotting to assassinate President Robert Mugabe.

Hitschmann, who sold hunting rifles, was cleared on charges of treason and possessing weapons for the purpose of terrorism, the same charges Bennett faces and which carry the death sentence or life in jail.

But he was jailed for more than two years on lesser charges of possessing illegal weapons.

Bennett, the treasurer of the MDC led by Prime Minister Morgan Tsvangirai and also the yet-to-be-sworn-in nominee deputy agriculture minister maintains his innocence.

Tsvangirai says the charges are baseless and part of efforts by Mugabe loyalists to undermine the coalition formed in February between long-time rivals.