Nyakutsikwa was being charged with fraud yesterday, and
through lawyer Mr Tapson Dzvetero, he challenged his remand before Harare
regional magistrate Mrs Vongai Guwuriro.
He argued that there was improper separation of charges
since he once appeared in court on a similar set of allegations and another
magistrate had already removed him from remand on criminal abuse of office
charges, based on the same allegations of fact.
“It is unfair for the accused person to be charged with
separate crimes in circumstances where he should have been charged with one
crime only because the conduct alleged really constitutes one criminal
offence,” said Mr Dzvetero.
Mr Dzvetero told the court that they were served with
summons to appear in court on fraud charges when they had already filed an
urgent chamber application in the High Court seeking to stay trial proceedings
in a matter he is charged with the criminal abuse of office and they now wanted
a Constitutional Court decision on Comm Nyakutsikwa’s challenge on the
constitutionality of the Special Anti-Corruption Unit (SACU) to arrest and
prosecute him.
He said the State’s attention should be focused on the
pending application before the High Court, and after that matter has been
disposed of, the State can proceed to issue a fraud summons, should need be. Mr
Dzvetero said the State was not ready to prosecute as it only raised the
allegations in a bid to keep Comm Nyakutsikwa away from his work.
He also said the court had already made a determination on
the matter when magistrate Mr Ngoni Nduna removed Comm Nyakutsikwa from remand
on the criminal abuse of office charges.
The remand hearing on fraud charges continues on June 14
when Mr Dzvetero is expected to continue with his application while the State
led by Mr Zivanai Macharaga is expected to respond. Herald
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