Delish Nguwaya’s bid for freedom collapsed on Tuesday
morning as his application for bail was dismissed by a Harare Magistrate on the
basis that he is likely to abscond or interfere with State witnesses.
Nguwaya was arrested last Friday on accusations of lying to
the government that his company Drax International, also known, as Drax Consult
SAGL was a medical firm in a bid to be awarded tenders for Covid-19 supplies to
the Health Ministry.
Through his lawyers Tafadzwa Hungwe, Admire Rubaya and
Ashiel Mugiya, Nguwaya made an application to be remanded out of custody
pending trial, but provincial magistrate Vongai Muchuchuti denied him freedom
saying he is not a proper candidate for bail.
Muchuchuti’s determination came about after the State
opposed his application on the basis that he is facing a very serious offence
and is likely to flee the country’s jurisdiction if remanded out of custody.
The State also claims that the controversial deal generated
a lot of interest and bad publicity making it improper to release him before
trial.
Hungwe said: “We are going to appeal to the High Court
against the refusal by the court to grant him bail.”
It is the State’s allegations that Nguwaya lied that Drax
International was a Switzerland based medical firm whereas it was later
established that it was a consulting company with no experience in the
manufacturing of medicines.
The State further alleges that acting on the said
misrepresentation, Health and Child Care minister Obadiah Moyo, authorised a
US$2 million medicine supply deal through NatPharm.
Again Nguwaya is alleged to have done the same using a
different company and won another deal to supply medical equipment worth US$40
million.
However, the matter came to light when notable variances
were discovered on prices charged by the companies to those prevailing on the
market.
In his defence while making his bail application, Nguwaya’s
lawyers said Drax International never misrepresented that it was a
manufacturing company but that it could only supply. The lawyers also said the
Ministry of Health requested for due diligence to be done by Treasury and this
was done.
“Treasury through permanent secretary (George) Guvamatanga
gave the green light for NatPharm to deal with Drax. The agreement was entered
into because Guvamatanga approved it,” Nguwaya’s lawyer said adding: “Nguwaya
never wrote any letter. He doesn’t control procurement processes in government.
Nguwaya signed the agreement as a witness, not a party. Drax delivered and the
US$2million payment was for things already delivered.” Newsday
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