News / National
Ex-CIO boss wants fraud charges dropped
19 Sep 2013 at 03:44hrs | Views
The Constitutional Court has reserved its judgement on an application by former Central Intelligence Organisation (CIO) boss, Lovemore Mukandi and three others seeking a permanent stay of execution for fraud and corruption charges which date back to 1999.
Mukandi, Nelson Mawere Mubvumbi, former CIO Chief Administration Officer, David Nyabondo and businessman, Mohamed Ahmed Meman were jointly charged on allegations of defrauding the (CIO) of Z$18 million.
In the scam, money that was meant for the construction of five safe houses in Harare was diverted.
The four approached the highest court of the land appealing for the permanent stay of execution against the 1999 charges on the grounds that the 14 years since their initial arrest and before going to trial were through no fault of their own.
They said any further prosecution at this stage will be an infringement on their rights to a fair trial in violation of section 69 (1) of the new constitution.
Advocate Julia Wood, who represents Mukandi in the matter, told the court that the state had no reasonable explanation as to the 14 year delay in prosecuting her client, adding that Mukandi was never a fugitive from justice as he was removed from remand in July 2001, and obtained clearance from the police before his departure to Canada to pursue studies.
She also said the warrant of arrest issued against Mukandi, which led to his subsequent arrest, upon arrival from Canada on the 21st September 2011 was obtained fraudulently.
Advocate Wood's sentiments were echoed by Tinashe Tanyanyiwa, the legal representative for the 4th applicant.
Tanyanyiwa added that his client, Meman, together with Mubvumbi and Nyabondo had been in the country since 2002 until 2011 when Mukandi returned from Canada, which time the state could have prosecuted his client.
The respondent's legal counsel, Mrs Sharon Fero from the Attorney General's office conceded that the 14 year delay was immoral though not illegal as it was influenced by the unavailability of the 1st applicant who could not be located by the Canadian police until his attempt to renew a work permit.
Mrs Fero added that the Attorney General felt that the other three could not be prosecuted in the absence Mukandi.
The court reserved its ruling on the matter, which was presided over by Deputy Chief Justice Luke Malaba.
Also on the bench were Judges of Appeal, justices Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo, Patel, Guvava and Acting Judge of Appeal, Justice Chiweshe.
Mukandi, Nelson Mawere Mubvumbi, former CIO Chief Administration Officer, David Nyabondo and businessman, Mohamed Ahmed Meman were jointly charged on allegations of defrauding the (CIO) of Z$18 million.
In the scam, money that was meant for the construction of five safe houses in Harare was diverted.
The four approached the highest court of the land appealing for the permanent stay of execution against the 1999 charges on the grounds that the 14 years since their initial arrest and before going to trial were through no fault of their own.
They said any further prosecution at this stage will be an infringement on their rights to a fair trial in violation of section 69 (1) of the new constitution.
Advocate Julia Wood, who represents Mukandi in the matter, told the court that the state had no reasonable explanation as to the 14 year delay in prosecuting her client, adding that Mukandi was never a fugitive from justice as he was removed from remand in July 2001, and obtained clearance from the police before his departure to Canada to pursue studies.
Advocate Wood's sentiments were echoed by Tinashe Tanyanyiwa, the legal representative for the 4th applicant.
Tanyanyiwa added that his client, Meman, together with Mubvumbi and Nyabondo had been in the country since 2002 until 2011 when Mukandi returned from Canada, which time the state could have prosecuted his client.
The respondent's legal counsel, Mrs Sharon Fero from the Attorney General's office conceded that the 14 year delay was immoral though not illegal as it was influenced by the unavailability of the 1st applicant who could not be located by the Canadian police until his attempt to renew a work permit.
Mrs Fero added that the Attorney General felt that the other three could not be prosecuted in the absence Mukandi.
The court reserved its ruling on the matter, which was presided over by Deputy Chief Justice Luke Malaba.
Also on the bench were Judges of Appeal, justices Ziyambi, Gwaunza, Garwe, Gowora, Hlatshwayo, Patel, Guvava and Acting Judge of Appeal, Justice Chiweshe.
Source - zbc
