News / Local
Businessman removed from remand
08 Dec 2024 at 12:11hrs | Views
Kadoma businessman Believe Guta, who was arrested amid his challenge against former judge Webster Chinamhora's controversial judgments, has been removed from remand after a court ruling that the evidence against him was insufficient.
Guta had been accused of fraud related to residential stands and was challenging Justice Chinamhora's rulings, which he claimed were influenced by a conflict of interest. He had alleged that Chinamhora delivered judgments in cases that he had not personally heard, raising concerns over the fairness of the rulings.
Represented by prominent lawyer Lovemore Madhuku, Guta applied for refusal of remand before Harare Magistrate Marehwanazvo Gofa, arguing that the delay in the prosecution of his case violated his right to a fair trial within a reasonable time. Guta further claimed that the complainant, who allegedly represented a company called Balwearie Holdings, could not initiate legal proceedings as the company had been dissolved according to High Court and Supreme Court judgments.
Madhuku argued that Guta had suffered irreparable harm to his reputation, with multiple organizations severing ties with him due to the pending charges, which had resulted in both financial and emotional strain. He submitted that the state had failed to provide evidence to establish a prima facie case, and Magistrate Gofa agreed, ruling that the evidence was insufficient for the case to continue.
The fraud case stemmed from allegations that, in 1997, Balwearie Holdings applied to the Kadoma Municipality for the subdivision of a 970 653-hectare stand in Sabonabona Estate, intending to create agro-residential stands. After obtaining the subdivision permit, the company entered into an agreement with Edmore Samson to sell the land for US$91,000, payable in installments through a company called Parameter Investments (Pvt) Ltd. However, the contract was canceled in 2002.
At the time of the cancellation, 69 home seekers had already acquired stands through Parameter Investments while awaiting the regularization of their agreements. Prosecutors alleged that Guta registered a company called Paragon Real Estate (Pvt) Ltd to imitate Parameter Investments and nullify the agreements of sale for the 69 residential stands. The accused and his accomplices allegedly filed a High Court application to declare their company the only legitimately registered Paragon Real Estate, and also sought to liquidate Gatooma Development Corporation Private Limited.
Despite these serious allegations, the case fell apart when High Court and Supreme Court judgments supported Guta's position, dismissing the fraud claims. As a result, Magistrate Gofa ruled that Guta should be removed from remand due to the lack of evidence to support the charges against him.
This development marks a significant legal victory for Guta, who had been fighting both the criminal charges and the implications of the contested judicial decisions involving Justice Chinamhora.
Guta had been accused of fraud related to residential stands and was challenging Justice Chinamhora's rulings, which he claimed were influenced by a conflict of interest. He had alleged that Chinamhora delivered judgments in cases that he had not personally heard, raising concerns over the fairness of the rulings.
Represented by prominent lawyer Lovemore Madhuku, Guta applied for refusal of remand before Harare Magistrate Marehwanazvo Gofa, arguing that the delay in the prosecution of his case violated his right to a fair trial within a reasonable time. Guta further claimed that the complainant, who allegedly represented a company called Balwearie Holdings, could not initiate legal proceedings as the company had been dissolved according to High Court and Supreme Court judgments.
Madhuku argued that Guta had suffered irreparable harm to his reputation, with multiple organizations severing ties with him due to the pending charges, which had resulted in both financial and emotional strain. He submitted that the state had failed to provide evidence to establish a prima facie case, and Magistrate Gofa agreed, ruling that the evidence was insufficient for the case to continue.
At the time of the cancellation, 69 home seekers had already acquired stands through Parameter Investments while awaiting the regularization of their agreements. Prosecutors alleged that Guta registered a company called Paragon Real Estate (Pvt) Ltd to imitate Parameter Investments and nullify the agreements of sale for the 69 residential stands. The accused and his accomplices allegedly filed a High Court application to declare their company the only legitimately registered Paragon Real Estate, and also sought to liquidate Gatooma Development Corporation Private Limited.
Despite these serious allegations, the case fell apart when High Court and Supreme Court judgments supported Guta's position, dismissing the fraud claims. As a result, Magistrate Gofa ruled that Guta should be removed from remand due to the lack of evidence to support the charges against him.
This development marks a significant legal victory for Guta, who had been fighting both the criminal charges and the implications of the contested judicial decisions involving Justice Chinamhora.
Source - The Standard
