News / National
Mwonzora to stand trial for theft of Trust property
26 Sep 2013 at 03:15hrs | Views
MDC-T spokesman Douglas Mwonzora will stand trial for theft of trust property dating back to 2006 after the Constitutional Court yesterday threw out his application for permanent stay of proceedings.
The trial was stalled after he raised constitutional issues resulting in his case being referred to the Constitutional court.
He wanted the highest court in the land to determine whether his constitutional rights to a fair trial within a reasonable period was not infringed.
Through his lawyer, Trust Maanda, Mwonzora wanted the proceedings on charges of stealing ZW$5,45 million from his client Mr Everson Shepherd Dandazi, permanently stayed.
The money was a refund from a cancellation of agreement of sale of a property located at number 157, Meyrick Park, Mabelreign.
Instead of remitting the money to Manase and Manase law firm which acted for Mr Steven Matombo the buyer of the property, Mwonzora allegedly converted the money to his personal use between May 2006 and December the same year.
Mr Maanda argued that his client's right to a fair trial within a reasonable period time has been violated.
He further argued that he could no longer access bank records showing the transactions from 2006.
In this case, he argued that Mwonzora law firm was supposed to be charged as a firm as there is no evidence specifically showing that Mwonzora as an individual prejudiced the complainant.
He however withdrew the aspect of his client being persecuted due to his political affiliation saying he was unable to prove so.
Mr Edmore Nyazamba of the Attorney General's Office in his counter-arguments urged the court to dismiss Mwonzora's application for lack of merit.
Chief Justice Godfrey Chidyausiku threw out Mwonzora's application and castigated Mr Maanda for poor sub- mission.
Mr Maanda later withdrew his application saying he had been disabled by the court.
Mr Nyazamba asked the court not to accept the last minute withdrawal by Maanda saying such a precedent would allow people to bring frivolous applications before the highest court only to withdraw them at their own will.
The constitutional court unanimously dismissed the application with no order as to cost.
The trial was stalled after he raised constitutional issues resulting in his case being referred to the Constitutional court.
He wanted the highest court in the land to determine whether his constitutional rights to a fair trial within a reasonable period was not infringed.
Through his lawyer, Trust Maanda, Mwonzora wanted the proceedings on charges of stealing ZW$5,45 million from his client Mr Everson Shepherd Dandazi, permanently stayed.
The money was a refund from a cancellation of agreement of sale of a property located at number 157, Meyrick Park, Mabelreign.
Instead of remitting the money to Manase and Manase law firm which acted for Mr Steven Matombo the buyer of the property, Mwonzora allegedly converted the money to his personal use between May 2006 and December the same year.
Mr Maanda argued that his client's right to a fair trial within a reasonable period time has been violated.
In this case, he argued that Mwonzora law firm was supposed to be charged as a firm as there is no evidence specifically showing that Mwonzora as an individual prejudiced the complainant.
He however withdrew the aspect of his client being persecuted due to his political affiliation saying he was unable to prove so.
Mr Edmore Nyazamba of the Attorney General's Office in his counter-arguments urged the court to dismiss Mwonzora's application for lack of merit.
Chief Justice Godfrey Chidyausiku threw out Mwonzora's application and castigated Mr Maanda for poor sub- mission.
Mr Maanda later withdrew his application saying he had been disabled by the court.
Mr Nyazamba asked the court not to accept the last minute withdrawal by Maanda saying such a precedent would allow people to bring frivolous applications before the highest court only to withdraw them at their own will.
The constitutional court unanimously dismissed the application with no order as to cost.
Source - herald
