News / National
CAPS Holdings boss wins court case
04 Jan 2012 at 22:22hrs | Views
CAPS Holdings major shareholder and owner of FCA Motors and Western Union money transfer, Frederick Mtandah on Tuesday won his bid to block the state from seizing his passport, after the court ruled that the state's application was "frivolous".
Mtandah who is facing fraud charges involving more than $25 million, was fighting to stop the State from repossessing his passport which had been released to allow him to travel out of the country.
The businessman was summoned to appear before Harare magistrate Kudakwashe Jarabini to defend the State's intention to seize his passport after a temporary release.
In November, Mtandah was ordered to surrender his passport as part of his bail condition.
Two weeks ago he successfully applied for its temporary release.
The state did not oppose the ruling at the time and the court ordered that his passport be released from December 17 last year to January 12.
But the state later turned around and filed for the confiscation of the released passport.
In yesterday's ruling magistrate Jarabini said the court was not in a position to reverse a decision that it had already made.
He further said: "For the state to now approach this court with this application is purely improper and an abuse of the criminal procedure. There are no new facts neither are there changed circumstances. Application by the state is frivolous and is hereby dismissed."
Mtandah's lawyer Jonathan Samkange had earlier told magistrate Jarabini that the State's decision was an abuse of court process and harassment of his client, since there are no changed circumstances which warranted his client to return his passport.
Prosecutor Obi Mabahwana argued there were changed circumstances that had prompted the State to apply for the return of the passport.
He indicated the State intended to carry out investigations in South Africa and Europe hence they wanted to prevent the CAPS Holdings boss from travelling to the respective countries.
Samkange questioned under what section of the Criminal Procedure and Evidence Act was the State relying upon to call Mtandah back to court when his next court date was January 12.
"This is clear abuse of the criminal procedure by the office of the Attorney General.
"I know Mabahwana might say I am being instructed by my bosses but you can't eat poison just because your bosses say so.
"He is acting as if he has no brains but I have worked with him I know he has brains."His superiors are abusing him to come here and make a fool of himself," said Samkange.
Mtandah is out on $1 000 bail while an accomplice, Justice Majaka was released on $500.
Mtandah who is facing fraud charges involving more than $25 million, was fighting to stop the State from repossessing his passport which had been released to allow him to travel out of the country.
The businessman was summoned to appear before Harare magistrate Kudakwashe Jarabini to defend the State's intention to seize his passport after a temporary release.
In November, Mtandah was ordered to surrender his passport as part of his bail condition.
Two weeks ago he successfully applied for its temporary release.
The state did not oppose the ruling at the time and the court ordered that his passport be released from December 17 last year to January 12.
But the state later turned around and filed for the confiscation of the released passport.
In yesterday's ruling magistrate Jarabini said the court was not in a position to reverse a decision that it had already made.
Mtandah's lawyer Jonathan Samkange had earlier told magistrate Jarabini that the State's decision was an abuse of court process and harassment of his client, since there are no changed circumstances which warranted his client to return his passport.
Prosecutor Obi Mabahwana argued there were changed circumstances that had prompted the State to apply for the return of the passport.
He indicated the State intended to carry out investigations in South Africa and Europe hence they wanted to prevent the CAPS Holdings boss from travelling to the respective countries.
Samkange questioned under what section of the Criminal Procedure and Evidence Act was the State relying upon to call Mtandah back to court when his next court date was January 12.
"This is clear abuse of the criminal procedure by the office of the Attorney General.
"I know Mabahwana might say I am being instructed by my bosses but you can't eat poison just because your bosses say so.
"He is acting as if he has no brains but I have worked with him I know he has brains."His superiors are abusing him to come here and make a fool of himself," said Samkange.
Mtandah is out on $1 000 bail while an accomplice, Justice Majaka was released on $500.
Source - Daily News
