Wednesday 7 October 2020

EX PERM SEC WAITS TWO YEARS FOR TRIAL DATE : ITS NOT JUSTICE, SAYS MAGISTRATE

DEPUTY Chief Magistrate Mrs Bianca Makwande yesterday expressed concern over the State’s delays in providing former Mines and Mining Development Secretary Francis Gudyanga with a trial date, more than two years after his arrest on criminal abuse of office charges involving $1 629 500.

Mrs Makwande noted that Gudyanga has been attending court since August 2018 and remanding him without bringing him to trial was not in the interest of justice. “This is a matter which has been coming to court since August 2018,” she said.

“Today you are telling us of an outstanding statement. Do you think this is still in the interest of justice?”

State counsel Mr Taddy Kamuriwo had asked for deferment of the matter to November 13, saying there was a crucial witness statement that the prosecution wanted to obtain.

Mr Kamuriwo said progress was being stalled by the complexity of the process to be followed in obtaining the statement.

“We hope to obtain the statement and furnish the accused with the trial on November 13,” he said.

“This is considering the complexity of the protocol to be followed in getting the statement. The process has already started and we hope by the 13th of November it would have been completed.”

Mr Kamuriwo told the court that the docket was now with the Zimbabwe Anti-Corruption Commission after the Special Anti-Corruption Unit had dealt with it.

Mrs Makwande urged the State to speed up the process before remanding Gudyanga to November 13 for him to be furnished with a trial date.

The State alleges that from September 2014 to December 2015, Gudyanga, who was acting permanent secretary, ordered Minerals and Marketing Corporation of Zimbabwe to pay US$1 629 500 to Glammer (Private) Limited through a company called Pedstock Investments, as Glammer was a foreign company.

He also allegedly lied that the money was to be accounted for as part of the dividends due to Government as the shareholder.

MMCZ released the money to Pedstock Investments, but it was allegedly later discovered that the money had nothing to do with MMCZ and it was not being paid to the Government, but instead was used in a fraudulent arrangement Gudyanga had allegedly made. Herald

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