admincompany’s application on Friday.
High Court judge Justice Joseph Musakwa ruled that the mining company should be tried on the charges.
According to the State papers, between April and June 2006, ACR 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 also has another alternative charge of illegally dealing in diamonds through buying diamonds from various illegal artisanal miners in Chiadzwa between April and September 2006.
ACR, through its director Ian Harris, was hauled before a Mutare magistrate to answer to the charges in question.
The 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.
Justice Musakwa found no reason to stop the trial and dismissed the application for exception to the charge.
“That out of the same facts civil litigation and criminal prosecution has arisen cannot be a ground for excepting to an indictment.
“By way of analogy, out of the same conduct may arise a criminal charge and disciplinary or misconduct proceedings. The same conduct may further spawn a delictual suit.
“In the event that an accused person in such a situation faces a delictual suit or disciplinary proceedings first and is subsequently charged with a crime arising from the same conduct, can they claim they are unable to defend themselves because a decision is awaited in the other matters?
“Accordingly, the exception is hereby dismissed,” ruled Justice Musakwa.
Harare lawyer Mr Jonathan Samukange of Venturas and Samukange represented ACR while chief law officer Chris Mutangadura from the Attorney-General’s Office acted for the State.
The State alleges that after the three companies obtained mining licences through “misrepresentations” made to the ministry, ACR is alleged to have failed to keep records of diamonds recovered from the mining claims.
Following inquiries from the ministry concerning its operations, ACR reportedly claimed that no mining activity was taking place.
The State argues that mining was, in fact, taking place and that ACR was buying diamonds from illegal miners.
Upon cancellation of the permits by Government ACR maintained that no mining ever took place on the claims, but after a search the company was found in possession of 129 031 carats of diamonds.
Online Reporter