News / National
No charge for Chivayo - yet
24 Oct 2018 at 12:32hrs | Views
The trial involving businessman Wicknell Chivayo and Zimbabwe Power Company (ZPC) yesterday failed to kick off following a delay by the State to present their charge against him.
ZPC is accusing Chivayo and his company Intratrek of swindling over $5 million, money laundering and violating Exchange Control Regulations.
The State justified its delay in coming up with the charge on Chivhayo on the basis that the defence team had made amendments on their first submissions.
"In our last appearance before this honourable court, we were placed on notice and we agreed on the 42-page document presented by the defence team.
"The delay is now as a result of the changes that have been made on the document, it was 42 pages and it has now been reduced to 17 pages so as the State we need more time to respond.
"Our response would determine the charge that we are to make as the State.
"I am hoping that by the end of the day, I would have gone through the document but I wouldn't want to promise the court that I would have completed all the necessary consideration," according to the State prosecutor.
Advocate Uriri who was representing Chivayo said the State was failing to come up with the charge against the accused because there was no case to answer.
"There has been three attempts by the State in changing the charge against the defence.
"This is because there is no case that is there to answer, the State cannot pretend to be delaying with coming up with the charge because of the document which has been placed before the court.
"In any case, the document has not changed much from the first document that was presented in court," he said.
It is the State's case that on October 23 2015, the Zimbabwe Power Company acted in misrepresentation and signed a contract with Chivayo Company for implementation of the Gwanda solar project.
It is alleged that ZPC deposited US$5607814.24 into Intratrek account for the project to take off.
It is further alleged that he was authorised by the RBZ to load US$849479 into his visa card for the importation of earth moving equipment but nothing came into the country.
ZPC is accusing Chivayo and his company Intratrek of swindling over $5 million, money laundering and violating Exchange Control Regulations.
The State justified its delay in coming up with the charge on Chivhayo on the basis that the defence team had made amendments on their first submissions.
"In our last appearance before this honourable court, we were placed on notice and we agreed on the 42-page document presented by the defence team.
"The delay is now as a result of the changes that have been made on the document, it was 42 pages and it has now been reduced to 17 pages so as the State we need more time to respond.
"Our response would determine the charge that we are to make as the State.
"I am hoping that by the end of the day, I would have gone through the document but I wouldn't want to promise the court that I would have completed all the necessary consideration," according to the State prosecutor.
Advocate Uriri who was representing Chivayo said the State was failing to come up with the charge against the accused because there was no case to answer.
"There has been three attempts by the State in changing the charge against the defence.
"This is because there is no case that is there to answer, the State cannot pretend to be delaying with coming up with the charge because of the document which has been placed before the court.
"In any case, the document has not changed much from the first document that was presented in court," he said.
It is the State's case that on October 23 2015, the Zimbabwe Power Company acted in misrepresentation and signed a contract with Chivayo Company for implementation of the Gwanda solar project.
It is alleged that ZPC deposited US$5607814.24 into Intratrek account for the project to take off.
It is further alleged that he was authorised by the RBZ to load US$849479 into his visa card for the importation of earth moving equipment but nothing came into the country.
Source - hmetro
