adminbail conditions relaxed has been postponed to June 23.
Casimjee Bilal (28), Henry Radebe (57), Samuel Risimati Baloyi (60) and Sydney Masito Sekgobela are accused of conniving with Ping Sung Hsieh (awaiting extradition hearing) to swindle Mrs Olga Bungu of US$1 million in a deal in which they were supposed to supply her with six Scania trucks and trailers.
The four appeared before Harare magistrate, Mr Shane Kubonera.
The quartet through their lawyer Ms Beatrice Mtetwa had applied for the court to permit them to be given their passports so that they travel to South Africa and see their families.
She stated that the State has been changing goalposts since the day the four first appeared in court.
“Procedures the state is taking clearly show the four’s rights are being disregarded because when the matter first came to court they were to be remanded to the trial date.
“The first trial date was given as March 14 and Mr Guvamombe who was presiding over then denied them bail which was eventually given to them by the High Court on February 28, after two weeks.
“At the time, the State refused to release them without any warrant or legal basis and claimed they were detained in terms of the Immigration Act.
“On March 3 it was determined their detention was unlawful and were then released.
“Also on May 26, the defence counsel applied for State papers to prepare for trial on March 14 and the letter was not responded to. Without any indication the State had various follow-up letters as to when the trial was going to kick-off but without any indication the State applied to have the trial date moved to June 20.
“The State from the onset never noted the four will be tried with Ping and there were no allegations that they will be jointly charged and it is a gimmick to buy time,” Ms Mtetwa said.
Ms Mtetwa said the process to have Ping extradited to Zimbabwe will takes ages thereby prejudicing the four who are currently on remand in Zimbabwe.
“The South African constitution is clear on extradition of its nationals.
“The process takes a long time and is subject to procedures including the Constitutional Court, High Court, Supreme Court of appeal meaning it can take years for Ping to come to Zimbabwe.
“To worsen it the four are renting accommodation for the past four months, they are not employed and do not have a work permit that enables them to look for employment. Also no one will accommodate them knowing they are accused of defrauding the First Lady and (Mrs) Olga Bungu who is her aide.
“Besides it is not proper for the four to be jointly charged with Ping because the main people who are the First Lady and Bungu, who is her aide and Ping are not before the court. The four were just independent drivers and do not know what happened in the deal.”
Ms Mtetwa said the State failed to follow the procedures in Ping’s extradition because Mrs Bungu, one Mr Chiremba and Colonel Sibiya went to South Africa to interrogate Ping which is proven by failure to produce any papers before the court.
She said remanding them to July 25 when the South African Minister of Justice and Constitutional Development’s decision is set for June 27 extends the suffering of the accused and no court will extradite Ping to face the same circus.
“They have relatives who are sick in South Africa who were expecting to know the outcome since the trial date was set. They are willing to leave their car that is in Zimbabwe to ensure they will return for trial in Ping’s absence,” Ms Mtetwa said.
However, chief law Officer Mr Chris Mtangadura said the trial has to continue in Ping’s presence on July 25 after his extradition hearing in South Africa since he is the master-minder of the alleged fraud.
“We had anticipated we would be ready for trial after Ping is extradited to Zimbabwe. Allegations are the four acted in common purpose with Ping to deliver three trucks and trailers under vehicle temporary import permits when they well knew they were coming to deliver the vehicles permanently.
“We were duly notified that Ping hearing in South Africa was scheduled for June 14 despite his opposition.
“The State is not ready to prosecute in the absence of Ping because when we travelled to South Africa with Investigation Commissioner Munonga and Chief Superintendent Mukazhi we made some discoveries.
“After that we had to postpone the trial date to July 25 because Ping made written representation to the Minister of Justice and Constitutional Development opposing it.
“We were informed that the South African Authorities will make a decision on June 28 given the minister accepts our request to have the magistrate decide or he decides to throw it away.
The State alleges that Bilal , Radebe, Baloyi and Masito connived with Ping to swindle Mrs Bungu of US$1 million and they connived to import South African-registered trucks.
It is alleged that sometime in 2007, Ping told Mrs Bungu he could supply her with six Scania trucks and six-drop side trailers for US$1 million which included driver training.
Ping allegedly advised the complainant that the trucks would be delivered upon payment and on August 22, 2007 Bungu deposited US$1 million into Chantra Trading’s company account with Standard Bank, South Africa.
However, the State says, the trucks were not delivered.
On July 24 last year, Ping was arrested in South Africa and is awaiting an extradition hearing.
On February 18 this year, it is alleged, Ping hired the four drivers to bring into Zimbabwe Iveco trucks with South African number plates registered under another of his companies, Fast Truck Haulage CC.
They had temporary import permits which expired on March 4 and for unknown reasons were left at Grace Mugabe Orphanage Home on February 19 at around 9pm.
It is alleged they wanted to give the impression that they had delivered some of the trucks.
The State says Ping intended to take the trucks back to South Africa afterwards.
Online Reporter