that a ruling on his case may have been prepared before the hearing.
Mutandah who was appearing before provincial magistrate Mr Kudakwashe Jarabini made the claims in a letter to the Attorney General’s Office which was read in court last week.
The letter has prompted Mr Jarabini to recuse himself from the case yesterday saying in light of the claims, an impartial judicial officer will be assigned to hear the case.
He said it will be heartless and unprofessional to cling to a matter which has raised more questions than answers.
In the letter in question which was written by Mutandah’s lawyer Ms Linda Chipato the businessman said: “It has also since been brought to our client’s attention that a ruling may have already been prepared in anticipation of the next hearing date, wherein the application for further remand shall be dismissed and our client found guilty of breaching conditions, with him being sentenced to one year in custody with six months being suspended on usual conditions.
“Whilst we find this to be shocking, we would be grateful if you would look into it.
“Should this be the case, we shall not hesitate to immediately make the necessary application to the Supreme Court for violation of our client’s rights, miscarriage of justice, abuse of office, coupled with a claim for damages against all parties concerned.”
“On two other related matters, it is our understanding from our client that he received information of a plot to kill him.
“We understand that our client brought this to the attention of the Zimbabwe Republic Police and the Anti-Corruption Commission.
“We would be grateful if you would advise whether anything has since been done in terms of investigation of this matter and bringing the culprits to account,” said Ms Chipato.
Mr Jarabini said the issues raised by the defence counsel were not petty and there were connotations of already questionable criminal conduct.
He said judicial officers were prohibited from defending themselves and he observed the rules.
The magistrate said clinging to such a matter will bring the judicial system into disrepute.
“Since when did our courts operate on the basis of prophecy,” the magistrate quizzed.
He said there was no way he could make a ruling on such a matter which has seen tempers flare and raffled the feathers of the bench.
He said on March 6 another magistrate will preside over the case.
The State alleges that Mutandah and his accomplice fraudulently took 50 dossiers of the most critical drugs manufactured by CAPS Holdings and registered them in Europe under the name CAPS International.
The registering of CAPS International in Europe was done without the knowledge of the Reserve Bank of Zimbabwe, which was supposed to authorise the transaction, a requirement according to intellectual properties provisions.According to State papers, CAPS Pvt Limited won a tender to supply drugs worth 2,2 million euro to the Government of Zimbabwe through Natpham, and were given 1,3 million euro of which they supplied drugs worth 900 000 Euros only.
Mutandah is believed to have pocketed the remainder.
It is also believed that CAPS secured a loan of US$4 million from CBZ.
However, Mutandah is alleged to have withdrawn US$1,5 million which he is believed to have converted to his personal use.
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