False start to Marriot trial

Zvikomborero Parafini
THE fraud trial involving Dynamos chairman, Bernard Marriot, which was set to get underway yesterday, has been postponed pending an application at the Constitutional Court.

Marriot appeared before Harare magistrate, Barbra Mateko, who deferred the matter to July 6.

Through his lawyer, Advocate Tawanda Zhuwarara, the sports administrator told the court they approached the superior court saying his right to a fair hearing had been violated.

This followed the magistrates’ court order that his lawyer, Herbert Mutasa, should stop representing him, because of conflict of interests.

In an application prepared by Advocate Zhuwarara, Marriot said he has a long-lasting relationship with Mutasa, and wants the lawyer to represent him during his trial.

He argued that although Advocate Zhuwarara was a fine lawyer, he preferred Mutasa.

Mutasa stopped representing Marriot after the State, led by Tapuwanashe Zvidzai, had successfully applied for his recusal from representing Marriot.

“On the appointed day of trial, the first respondent (NPA), through its functionary Tapuwanashe Zvidzai, proceeded to apply for the recusal of my legal practitioner on the spurious basis that he was ‘conflicted’.

“Such alleged conflict precipitated from the allegation that Mr Mutasa had on previous occasions represented Dynamos Football Club (Pvt) Ltd.

“The application for recusal was at the behest of the first respondent and no evidence was led or tendered.

“The first respondent simply made representations from the bar and called no witness nor tendered any document,” he said.

Marriot claimed that he tendered a Board Resolution of Dynamos FC (Pvt) Ltd, which showed the absence of any conflict of interest.

“I want to be represented by Mr Herbert Mutasa, who is duly registered, and qualified to offer me such legal representation.

“I do not intend to use any other lawyer for the purpose of the trial and that is a conscious decision I have taken,” he said.

Marriot is facing fraud charges involving Dynamos shares.

H-Metro is reliably informed that there are talks between the complainant and Marriot which could likely result in an out-of-court settlement.

Meanwhile, former ZIFA president, Felton Kamambo, appeared before Harare magistrate Stanford Mambanje, who remanded his matter to tomorrow, for trial continuation.

The matter could not proceed yesterday as the trial magistrate wasn’t available.