News / National
Mugabe stalls trial
28 May 2019 at 11:55hrs | Views
FORMER Zinara boss, Albert Mugabe, was back in court yesterday accused of stalling his trial by seeking postponements.
State prosecutor Nyikadzino Machingura was not amused as Mugabe's lawyer, Oliver Marwa, sought a postponement on the trial date.
Marwa told Harare regional magistrate Lazini Ncube that the basis on which he sought the postponement was that Mugabe's legal counsel of choice Admire Rubaya was engaged at Bulawayo magistrate's court.
"When the matter commenced Chatambudza applied for a postponement as Rubaya was engaged elsewhere and although Chatambudza made an undertaking to ensure that trial begins today, he is unwell as he is recuperating from an operation.
"The other basis is the request for further particulars which accused needs before he can make a plea and the particulars are the mortgage loan agreement between CBZ and Nancy Masiyiwa as well as the minutes from the fourth ZINARA board meeting of September 1 2017," said Marwa.
In response, Machingura told the court that the defence was delaying trial without any genuine basis.
"The law is silent on whether the particulars should be delivered before or within trial and because the offence is clear, he should plead without necessarily demanding further particulars.
"In any case, the documents required are in possession of Nancy Masiiwa and not the State," said Machingura.
Presiding Magistrate Ncube showed displeasure against the conduct of both counsels saying that they are not taking the proceedings seriously by trying to turn the trial court into a remand court.
The matter was postponed to June 11 when the trial is expected to kick off.
Mugabe is facing criminal abuse of office charges where it is alleged he doctored a false letter of undertaking to CBZ bank advising that the ZINARA board had agreed to set off a $300 000 mortgage loan for the Chief Executive officer Nancy Masiyiwa.
On April 20, CBZ approved a $300 000 loan facility in respect of Masiyiwa and released the loan on the strength of the false letters doctored by Mugabe with intent to show favour to her.
State prosecutor Nyikadzino Machingura was not amused as Mugabe's lawyer, Oliver Marwa, sought a postponement on the trial date.
Marwa told Harare regional magistrate Lazini Ncube that the basis on which he sought the postponement was that Mugabe's legal counsel of choice Admire Rubaya was engaged at Bulawayo magistrate's court.
"When the matter commenced Chatambudza applied for a postponement as Rubaya was engaged elsewhere and although Chatambudza made an undertaking to ensure that trial begins today, he is unwell as he is recuperating from an operation.
"The other basis is the request for further particulars which accused needs before he can make a plea and the particulars are the mortgage loan agreement between CBZ and Nancy Masiyiwa as well as the minutes from the fourth ZINARA board meeting of September 1 2017," said Marwa.
In response, Machingura told the court that the defence was delaying trial without any genuine basis.
"The law is silent on whether the particulars should be delivered before or within trial and because the offence is clear, he should plead without necessarily demanding further particulars.
"In any case, the documents required are in possession of Nancy Masiiwa and not the State," said Machingura.
Presiding Magistrate Ncube showed displeasure against the conduct of both counsels saying that they are not taking the proceedings seriously by trying to turn the trial court into a remand court.
The matter was postponed to June 11 when the trial is expected to kick off.
Mugabe is facing criminal abuse of office charges where it is alleged he doctored a false letter of undertaking to CBZ bank advising that the ZINARA board had agreed to set off a $300 000 mortgage loan for the Chief Executive officer Nancy Masiyiwa.
On April 20, CBZ approved a $300 000 loan facility in respect of Masiyiwa and released the loan on the strength of the false letters doctored by Mugabe with intent to show favour to her.
Source - hmetro
