Former Zimbabwe Broadcasting Corporation (ZBC) news anchor
Oscar Pambuka and former Zanu-PF Highfield West National Assembly
representative Psychology Maziwisa have filed an application for discharge at
the close of the State case.
In their application, the pair — through their lawyer Mr
Jonathan Samukange — argued that they did not commit an offence, adding that
there was no misrepresentation proved by the State.
However in response, prosecutor Mr Michael Reza, maintained
that the pair has a case to answer and should be put to their defence.
“The crime of fraud is a crime of intention. It also needs
to be proved that the other person to whom the misrepresentation was made acted
on the basis of the misrepresentation to his prejudice,” he said.
“We have the accused persons who misrepresented to ZPC that
they would cause ZBC to publish news on radio and television propagating the
name of ZPC. Even though they knew that they did not have such power over ZBC,
they went ahead with their misrepresentation much to the prejudice of ZPC.
“The State believes and tenders before the court that it
has made out a prima-facie case against the two accused persons and that their
application be dismissed and that they be put to their defence.”
Harare magistrate Mr Lazini Ncube is set to rule on the
application today.
It is alleged that sometime in 2016, Maziwisa and Pambuka
took a letter to ZPC from former Energy and Power Development Minister Samuel
Undenge directing the firm to work with Fruitful Communications at intervals of
six months.
Undenge was jailed for an effective two-and-a-half years
for abuse of office after he hand-picked Fruitful Communications to do work for
ZPC. He is currently on bail pending appeal.
It is alleged that on February 12, Fruitful Communications
hosted a Zim-Asset conference at Meikles Hotel, where Undenge was the guest of
honour.
ZBC covered the event, but on March 8, Maziwisa and
Pambuka, with the intention of defrauding the company, brought an invoice of
$12 650 to ZPC.
They allegedly claimed that they had done a Press
conference on power projects in Kariba, Hwange and Batoka.
They also claimed to have done stories for news bulletins
aired on Power FM, Radio Zimbabwe and National FM and media watch programme on
“Kariba water levels”.
Maziwisa and Pambuka alleged they had done Zim-Asset
conference radio interviews on National FM and another Powertalk session on
energy and infrastructural development before sending a bill to ZPC.
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