State opposes bail for Mbudzi fraud accused transport director

THE deputy director in the Ministry of Transport and Infrastructural Development, Enerst Shenje, who allegedly made a US$1 million fraudulent claim for compensation of a property affected by the construction of the Mbudzi Interchange in Harare, will remain in custody pending his bail hearing today.

Yesterday, Harare regional magistrate Mr Donald Ndirowei dismissed Shenje's application challenging his placement on remand on Monday.

Shenje is represented by Mr Admire Rubaya.

Opposing bail, the State led evidence from the investigating officer from Zimbabwe Anti-Corruption Commission (ZACC), Mr Elisha Chimusoro, who testified that there was a high probability that Shenje would interfere with evidence and witnesses involved in the case.

"Your worship, accused through his office is the bearer of most of the documents we want to use as evidence and chances of interfering with the evidence are high. Secondly accused person is of influence in the Ministry and we intend to use some of his subordinates as witnesses in this case."

Mr Chimusoro said ZACC had numerous extra charges that are still to be preferred against the accused person and he was aware of them, hence might abscond.

ZACC had evidence of bank statements connecting Shenje with Levy Indana who is still at large. They also found "footprints" of Shenje at the company where he collected his portion of the money and the fake agreement of sale was available.

ZACC alleges that a fake deed of transfer was created for one of the properties that had to be taken over to expand the Mbudzi intersection in south Harare so there was enough room for the interchange now under construction.

This drew over US$1 million in compensation with the front person, Levy Indana, getting US$200 000.

During cross examination by Mr Rubaya, Mr Chimusoro was asked why he did not mention the amount that Shenje was given as his share of the alleged fraud.

Mr Chimusoro acknowledged that ZACC omitted that on the remand document.

Mr Chimusoro was also asked why Shenje was the only one arrested since the payment was approved through the bureaucracy channel of the ministry. The defence counsel also averred that Shenje, in his official capacity, had no power to authorise any payment.

In response, Mr Chimusoro said Shenje was involved in certifying the fake documents.

He concurred with Mr Rubaya that the director, chief director and the permanent secretary ought to have verified the documents before recommending and approving them for payment.

Bail ruling is expected to be given today.