adminOrganisation who fled to Canada 11 years ago.
Lovemore Mukandi, who is facing a fraud charge involving millions of Zimbabwe dollars, was arrested on arrival at the Harare International Airport last week. He had an outstanding warrant of arrest.
Mr Donald Ndirowei freed Mukandi on the basis that he was not in Zimbabwe because the State had extradited him but had been deported from Canada.
“There is no extradition treaty between Zimbabwe and Canada and accused came back to Zimbabwe after he was deported. The State never made any attempts to summon the accused when he was in Canada
therefore it should do so now if it is ready for trial. The issue of bail does not apply since it is the same case, which was refused remand in 2000,” said Mr Ndirowei.
This comes after his lawyer Mr Nickel Mushangwe had made an application for cancellation of the warrant. He had argued that the warrant was unprocedurally issued.
Mr Mushangwe also argued that Mukandi was deported when he tried to secure permanent residence and a routine background check was conducted which unearthed his previous employment in the CIO.
“He was, however, deported on the allegations that the organisation (CIO) was in the forefront in violating human rights in Zimbabwe,” he said.
However, prosecutor Mr Tapiwa Kasema had opposed the application arguing that it had no merits. He said the warrant was properly issued after an application was made before the courts. After hearing arguments Mr Donald Ndirowei ruled in favour of the defence.
Online Reporter