FORMER Cabinet Minister Prisca Mupfumira has applied for separation of trial in a matter in which she is jointly charged with ex-Public Service Commission (PSC) permanent Secretary Ngoni Masoka on corruption related allegations, saying she wants her co-accused to be her defence star witness.
Mupfumira, in her application prepared by lawyer Mr Admire
Rubaya, said she wants their trial separated so that she will be able to call
Masoka to testify in her corner.
She told the court that Masoka was the accounting officer
in the Ministry of Public Service and he is the best person to explain the
roles she played during her tenure in office as Minister. Mupfumira and Masoka
are facing two counts of criminal abuse office and concealing a transaction
from a principal.
The case involves a US$90 000 loan allegedly obtained from
NSSA, which they used to purchase a Toyota Land Cruiser utility vehicle instead
of a Mercedes Benz.
The also allegedly ordered the purchase of air tickets
worth US$10 215 to attend a wedding in South Africa and R113 559 for
accommodation. They both denied the charges when the trial opened.
In the application made before Chief Magistrate Munamato
Mutevedzi, Mupfumira said: “The second accused person (Masoka) was the
accounting officer in the Ministry of Labour. He was the head of administration
that makes him the critical person to explain the role played by the first
accused (Mupfumira), if any, on the issues that are before the court.
“The second accused (Masoka) is the first accused
(Mupfumira) star witness. He is the only person who is able to articulate
clearly the role played by first accused person. As a co-accused person the
second accused cannot be forced to testify in the first accused’s case.”
Mupfumira said Masoka is the only person able to explain
how payments for air tickets to South Africa were made and whether she was the
one who requested the money.
She said Masoka is the one who is able to explain the roles
played by the finance director and the principal director when the said
transactions were made. In her application, Mupfumira said Masoka is the only
person who can explain whether she played a role in the preparation of letters
addressed to CMED in 2017. Mupfumira also wants Masoka to tell the court about
letters written to CMED general manager in July 2017, Chief Secretary to the
Office of President and Cabinet in, Secretary for Finance and Economic
Development, ZIMRA, General Manager NSSA among other letters.
“All these documents are alleged to have been authored by
second accused,” she said. Mupfumira said she will lose the right to compel
Masoka to testify in her corner once they remain jointly charged.
She said the State will suffer no prejudice if the trial
are separated since each of them could be separately tried by the same
magistrate or have different courts.
“A refusal to separate in the circumstances of this case at
this stage will lead to an unfair trial against the first accused. There is no
prejudice that will be suffered by the co-accused person or the State because
the same judicial office can deal with the matter separately.
“It is in the best interest justice for these two trial to
be separated because if trials are not separated the first accused will suffer
insurmountable prejudice.
“Therefore, the first accused applies to be separated from
the second accused person so that she can properly call the second accused
person as a witness in her defence case. “In as much as the State may want to
finalise these anti-corruption cases these accused persons are still entitled
to equal protection and benefit of the law.
“The Second Republic is a constitutionally elected
Government which thrives on respecting the rule of law thus the State ought in
its endeavour to prosecute accused persons, accused person’s constitutional
rights, more specifically an accused right to a fair trial,” she said.
Mupfumira is expected back in court on April 20 when the State makes its
submissions.
Meanwhile, former Health and Child Care Minister Obadiah
Moyo has put the State on notice that if it fails to commence trial on April
29, he would apply for refusal of further remand. This was after the State had
applied for the matter to be postponed to the date in question.
Moyo is being charged for his alleged involvement in
NatPharm’s unprocedural contract with Drax International LLC to supply
medicines and surgical sundries, and is consequently facing criminal abuse of
office charges. Herald
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