Kachambwa dismissed Lee Waverly Jones’ application for discharge at the close of the State’s case after considering evidence adduced by the State and also from former KCGM owners and directors resident in Zimbabwe.
“Failure of them to explain the surrounding circumstances does not per se exonerate him from the alleged crime. What is at stake is the status of the accused whether he was a genuine director and or owner of KCGM when he operated it and if the way in which he lodged his CR14 forms was above board,” Mr Kachambwa.
Mr Kachambwa also noted that witnesses indicated that CR14 forms lodged with the Registrar of Companies where Jones is mentioned were lodged belatedly. Prosecutor Mr Allan Goche alleges that between February 2002 and February 2005, Jones illegally mined gold claims of a company called KCGM after he assumed ownership of the company.
He prepared a non-tribute agreement, which was between a company called Homestake Mining and Technical Services and Kwekwe Consolidated Gold Mines (Private) Limited. Using the non-tribute agreement, Jones allegedly signed the agreement as the Guarantor and owner of KCGM. He allegedly wrote a letter to KCGM workers advising them that he was the new managing director of Homestake Mining and Technical Services.



