adminready to conduct trials.
Justice Samuel Kudya took a swipe at the State’s conduct while denying further postponement in a matter in which Ms Effie Zituta was accusing two Indian businessmen of defrauding her of Z$475 billion in a deal involving three properties in 2008.
In that particular case, an officer from the Attorney General’s Office declined to prosecute Mr Abdul Talati and Mr Mohammed Patel in 2009, but they were indicted for trial three weeks ago. Before the
commencement of the trial, the State sought for postponements until yesterday when prosecutor Mr Public Mpofu dropped charges against Mr Talati.
Harare lawyer Mr Jonathan Samkange of Venturas and Samkange appeared for Patel while Chikumbirike and Associates represented Talati.
Mr Mpofu immediately sought further postponement to prepare for Patel’s trial. However, Justice Kudya threw out the application.
The judge dismissed the application and struck the matter off the court roll, accusing the prosecution of trying to stampede the court into dealing with the matter before putting its house in order.
“The State should put its house in order before indicting suspects for trial,” said Justice Kudya.
The offence, he said, was allegedly committed three years ago and it took the prosecution three years to bring the matter for trial.
“Three weeks ago the suspects were arrested and indicted for trial. On the trial date, the postponements were sought and today the same prosecution drops charges against one of the accused person,” said Justice Kudya.
“Now the State seeks to have the matter further postponed to tomorrow (today), which is a clear indication of inefficiency in the same office. We cannot allow the State to stampede us into dealing with this matter.
“It is improper for the State to record a statement from a new witness today and use the same statement in court tomorrow.”
The judge also said if it took the prosecution three years to bring the case for trial what would stop them from taking another three years to sort out the outstanding issues.
“They should not just indict the accused persons for convenience while they are not prepared for the trial. The matter is therefore struck off the roll,” he said.
According to the State papers, on September 13, 2008 the woman paid Z$69 billion to buy House Number 37 Anson Drive Belvedere, Z$234 billion for Merchant House in the city a week later.
On September 22, Ms Zituta claims she paid Z$172,5 billion for the purchase of Triumph House at Number 137 Mbuya Nehanda Street.
Up to now, the woman claims the two men have refused to transfer the properties into her name.
Mr Samkange argues that Patel reversed the bank transactions and the money was sent back to Ms Zituta after he became uncomfortable with the source of funds.
Online Reporter