adminAllegations against ACR are that between April and June 2006, it went to the Mining Commissioner’s Office in Mutare and misrepresented that its subsidiaries – Heavy Stuff
Investments, Olibile Investments and Possession Investments – were companies qualified to obtain mining claims. The three firms obtained certificates of registration to the prejudice of the Ministry of Mines and Mining Development when ACR knew that the firms had not yet been duly incorporated.
Alternatively, ACR is being charged with illegally possessing 129 031,87 carats of diamonds in breach of the Precious Stones Act. The 129 031 carats are currently held at the Reserve Bank of Zimbabwe in compliance with a Supreme Court order pending the civil disputes pitting Government and ACR.
ACR, through its director Ian Harris, appeared before a Mutare magistrate to answer to the charges. Its lawyers filed an application for exception to the charges arguing that ACR could not plead to the charges because civil proceedings involving the same facts were still pending at the Supreme Court.
But High Court judge Justice Joseph Musakwa ruled that the mining company should be tried for the charges. In a statement, ACR said it would soon approach the AG’s office.
“In relation to the Indictment, the Company had argued that the indictment should be quashed as any hearing in relation to it would be fundamentally affected by the results of the Appeal.
Although the judge decided that the indictment could not be quashed, he indicated that it may be appropriate for the company to apply for a stay of proceedings until the appeal was determined. The company now intends to apply to the Attorney-General for such a stay,” it said.
“The company has appealed against the rescission judgment, but has not pressed prosecution of the appeal in its effort to reach an amicable settlement with the Zimbabwe Government.” — New Ziana.
Online Reporter