THE trial of Intratek Zimbabwe and its managing director Wicknell Chivayo failed to get underway again yesterday.
The State indicated that it needs more time to act on a
letter written to them by the accused.
Chivayo appeared before trial magistrate Lazini Ncube, who
subsequently remanded the matter to November 30, for trial commencement.
In the letter gleaned by H-Metro, Chivayo, through his
lawyers, said they were shocked to be summoned to court regarding the Gwanda
Solar Project.
They claimed preliminary work done at the site was
conducted using funds he received from the Zimbabwe Power Company (ZPC).
They indicated they were taken back by the National
Prosecuting Authority’s decision to prefer fraud charges against them when the
work was done to the satisfaction of ZPC.
They claimed the issue was a civil matter and the contract
between Intratek and ZPC still stands.
Chivayo was summoned to court after the State successfully
appealed against the High Court decision, clearing the businessman of any
criminal offence, in the botched deal with ZPC.
The matter was taken on appeal after Justice Owen Tagu
found him not guilty, ruling that the disagreement between the parties was a
civil matter.
A three-judge panel at the Supreme Court comprising Deputy
Chief Justice Elizabeth Gwaunza, Justice Rita Makarau and Justice Susan
Mavangira unanimously upheld the appeal.
Justice Makarau, writing the judgment for the panel, said
the High Court erred in interfering with the criminal proceedings, which were
before magistrate Lazini Ncube. H Metro
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