dyton mupawaenda
Zvikomborero Parafini
LAWYERS representing Mike Chimombe and Moses Mpofu say they fear the embattled businessmen could be in custody for, at least, FIVE months, if their latest application for bail is dismissed.
The two have filed another application for bail on changed circumstances in the case they are being accused of using fake documents to secure a tender for street lighting.
Their initial bail bid was dismissed last month and they have now mounted a second application.
In an application for bail on changed circumstances, an accused person must show and demonstrate to the court that once denied them bail that certain facts, or certain developments, have arisen from the time that they were denied bail up to the time that he makes another application, such new facts or issues must not have been in existence at the time that bail was denied.
The duo told Harare regional magistrate Marewanazvo Gofa that their accomplices— Never Murerwa, Jabulani Mukomazi, Denford Zhungu, Tawanda Mutenhabundo and Hosiah Chisango — have all been successful in their bail applications.Murerwa, Mukomazi, Zhungu and Mutenhabundo were granted bail by Magistrate Gofa on October 17 while Chisango was granted bail by the High Court on September 17.
The second point advanced by the duo is that a considerable time has passed and the State is yet to complete its investigations from the time they were placed on remand.
“Applicants pray that the same bail conditions will suffice and these conditions will be in their prayer.
“The other ground is that there has been a delay by the State to complete its investigations or to show to the court any new incriminating evidence that they unearthed during their investigations.“It is common cause that a Form 242 by the State indicates that investigations are yet to be completed and the State is carrying further investigations, this is moreso the reason why the State, on Section D of Form 242, indicates when it’s likely to complete investigations, which in this case had indicated August 31, 2024.
“It is has now been seven weeks from the date that the State had indicated it would have completed its investigations without any meaningful progress, in fact the State has remanded the case to November 19, 2024, another six weeks, this is a huge delay.
“What this effectively means is that accused persons have been in custody for a period of three months and will likely be in custody for another five months should this application fail.
“These Applicants are still presumed to be innocent and pre-trial incarceration must be discouraged whenever possible,” reads parts of the application.
Prosecutor Anesu Chirenje is set to file his response today and a ruling will be made next week.
Online Reporter