National Prosecuting Authority (NPA) chief public
prosecutor in charge of the asset forfeiture unit, Mr Chris Mutangadura,
confirmed that the matter would be heard next week.
“The judge directed that it be postponed to the 16th
because his schedule could not allow him to hear three consolidated matters
today(yesterday) at once,” he said. “Remember it is a very bulky record of
three matters and concerns very complex legal dispute.”
Chihuri is believed to be living in Malawi and unwilling to
return home. He is accused of side-tracking up to US$32 million of public funds
into family companies and buying properties during the 25 years he was at the
helm of the police force.
He is alleged to have sold five properties in 2017 and
2018, following his unceremonious departure from the top police post.
Chihuri is contesting court orders allowing the State to
forfeit his properties, a move which last month prompted Justice Kwenda to
propose that all these matters be consolidated into a single case for the court
hearing.
The State seeks to freeze Chihuri’s companies and the
properties, which his family acquired during his 25 years at the helm of the
police force, pending the final outcome of possible criminal investigations and
civil suits that could lead to their forfeiture.
And in its fresh application that State wants Chihuri to
explain how the five properties were sold.
In the application counteracting Chihuri’s bid to set aside
two orders issued against him, the NPA argues that a check with the Deeds
Office showed the rushed disposal of assets by the Chihuri family.
The order, which the NPA obtained at the High Court two
years ago, put the properties of Chihuri and his family under the management of
the Asset Management Unit, meaning that the properties cannot be sold without
permission of the courts.
This followed an upgrade in anti-corruption law by amending
the Money Laundering and Proceeds of Crime Act to allow courts to demand how
people acquired wealth that is otherwise not explained.
The new Chapter III A in the Act now empowers the High
Court to make orders to elicit explanations from persons who exhibit possession
of great wealth without having apparent lawful means of obtaining such wealth,
such as through their legal earnings or through their private business
dealings. Herald
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