Wadyajena argues that Cottco has not raised any complaints
against him and his company, Mayor Logistics, which is also being charged with
fraud.
Suspended Cottco bosses Pius Manamike, Maxmore Njanji,
Fortunate Molai, Chiedza Danha and her company, Pierpoint Moncroix, are
appearing in court on similar charges.
They allegedly used US$5 834 000 meant for importing bale
ties to import trucks, buy fuel and make an assortment of other payments that
had nothing to do with the ties.
Danha and her company, Pierpoint Moncroix, have also filed
an application for refusal of further remand.
Wadyajena and Mayor Logistics, who are represented by
lawyer Mr Oliver Marwa, argued that the State failed to outline the role they
played in committing the alleged offences. They were included in the remand
hearing because some of the allegedly diverted money was used to buy 22 trucks
that are now owned by Mayor Logistics.
Wadyajena’s legal team argues that the State is saying the
fraud took place within Cottco and was perpetrated by those working in Cottco.
This, they further argue, means that there is no link to Wadyajena and his
company.
For the remand to stick, the State had to at least allege
knowing association by Wadyajena and his company to deceive Cottco and that
Wadyajena was present when the plan was hatched or when the fictitious purchase
was carried out, they said.
Wadyajena and his company said the State also failed to
link them with Pierpoint Moncroix or how they could have influenced it into
committing the alleged offence.
“We have combed through the Form 242 but failed to notice
any allegation to the effect that the 25 Freightliner trucks whose details are itemised
were imported under the guise of a consignment of bale ties destined for the
Cotton Company of Zimbabwe.
“The State actually concedes that the trucks were correctly
described as road tractors for semi-trailers in the consignment papers. Most
importantly, there is no positive allegation that they were paid for by any
money belonging to the Cotton Company of Zimbabwe”.
Thus, Wadyajena argues, there was no connection between him
and the company on one hand and the alleged business or deals of the Cotton
Company of Zimbabwe and Giant Equipment, US-based truck supplier. It was also
argued that the State did not allege that the shipment and purchase of the
trucks was made from Cottco funds.
Wadyajena said the allegations were “purely made with the
calculated intention of improperly colouring the court’s mind and inducing
public indignation” against him and Mayor Logistics.
“This allegation is not capable of being proved at trial
because it is patently false. It was meant to manufacture a non-existent link
between the two applicants and the alleged criminal infractions at the Cotton
Company of Zimbabwe.”
Wadyajena and his company argued that the State’s
allegations amount to a supply contract which was breached, which will render
the case a civil matter.
“The allegations seem to be that the bale ties that were
ordered were not duly delivered. If the court agrees with this conception of
the charges, it ought to find that there is no sufficient basis to have placed
the accused on remand in the first place. This becomes a supply contract that
was breached. It is a civil matter,” they said.
Danha and her company, who are represented by lawyer Mr
Harrison Nkomo, also filed their application for refusal of further remand
arguing that the State failed to establish a link between them and Cottco,
Mayor Logistics and Giant Equipment LLC, USA.
They said it was unclear how Danha had direct control of
Pierpoint Moncroix.
Danha and her company also denied money laundering charges
they are facing and claimed that they did not launder any proceeds of any
crime, nor benefitted from the truck imports.
The State led by Mr Lancelot Mutsokoti is yet to respond to
the two applications. Herald
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