adminmanager of Mashwede Diesel Services (Pvt) Ltd, and the company’s sales representative Gwezuva Changamire appeared before Harare magistrate Ms Nomsa Sabarauta who threw out the application.
She ruled that the duo had a case to answer hence they should be put to their defence.
Through their lawyer, Mr Augustine Chizikani, the duo had argued that the State failed to prove a prima-facie case against them.
The pairs’ defence case is expected to open today.
Maribha and Changamire are accused of attempting to bribe Cde Kunaka with US$15 000. It is alleged the money was meant for protection to allow them to resume construction at the service station in Matapi, Mbare.
Prosecutor Ms Patience Chimusaru alleges that Cde Kunaka was the chairman of Mbare Residents Committee, a body that represents the concerns of all residents on social issues in Mbare. She alleged that sometime in January, Mashwede Diesel Services (Pvt) Ltd was allocated a stand at the corner of Harare Street and Cripps Road to build a service station.
The allocation, the court heard, angered local residents who had previously applied for the same property, but were denied on the basis that it was an area for expansion of Matapi Police Station.
Residents, it is alleged, demonstrated against the decision resulting in the City of Harare ordering Maribha and Changamire to stop the intended developments. Ms Chimusaru said on June 25, Shepherd Hwande also known as Gunpowder who was acting on behalf of the duo approached Cde Kunaka.
Hwande asked Cde Kunaka to use his influence and convince local residents not to demonstrate against the development of the area, the court was told. Hwande, the court heard, offered Cde Kunaka US$15 000 which he said was from Maribha and Changamire. Afterwards the duo allegedly called Cde Kunaka and asked to meet him at Crowne Plaza Hotel. Cde Kunaka reported the duo to the police and a trap was set.
Maribha and Changamire were immediately arrested after giving Kunaka US$5 000.
Online Reporter