FORMER Vice President Phelekezela Mphoko’s bid to have his
passport back hit a brick wall yesterday after he refused to submit title deeds
to his Douglasdale home in Bulawayo as part of the conditions.
Mphoko, through his lawyer, Zibusiso Ncube, had applied for
the passport to be returned to enable him to travel to South Africa to meet his
business associates over five working days.
Mr Ncube assured the court that Mphoko would not abscond
since all his family is in Bulawayo and has business interests in the country. He
also indicated that his client was ready to stand trial at any time.
“My client has never defaulted on his reporting conditions,
interfered with the State witness and has never violated the trust entrusted in
him by the court, he strictly adhered to his bail conditions,” he said.
“The administration of justice will not be tampered with if
he is given his passport even if we were to be given a trial date tomorrow, the
trial will not kick off in five days.”
The State, led by Mr George Manokore, opposed the
application on the basis that the accused had not furnished the court with
concrete details of his business trip and had also not complied with the
condition set for the release of the passport.
“We told the defence that we wanted security in the form of
title deeds to his property namely number 19 Douglasdale Road, Douglasdale in
Bulawayo during the five days he will be in South Africa,” he said.
“We had agreed that we will hand over the passport when he
gives us the title deeds and we will return them when he comes back from South
Africa and surrenders the passport, but that did not find favour with the
accused person.
“It is our belief that the failure by the accused person to
hand over the title deeds points to the fact that he does not want to attach
himself to the risk that will arise if he hands over the title deeds.”
Mr Ncube, however, argued that it was not proper to view
his client as a flight risk without evidence. He said his client was worried
about entrusting the State with his title deeds and had instead offered to
surrender share certificates worth US$300 000 that the Government owes him.
“The title deeds are there, but we do not trust the State
with them. My client is a former Vice President and we might wake up to find
that the property belongs to the ruling party,” he said.
He accused the State of having a tendency of expropriating
people’s properties. Harare Provincial magistrate Mr Hosea Mujaya threw out the
application on grounds that there was no proof place the court that shows the
Government owes Mphoko more than US$300 000.
He also indicated that the accused person has immovable
property that is his house and other properties, but there is lack of trust
between the accused and the State.
“The fact that the State is promising to give a trial date
does not mean an accused person cannot get his passport, but no sufficient
facts have been placed before me to support the application.”
Mr Mujaya, however, granted another application by the
defence to have their court appearance yesterday deferred to October 10. Herald
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