FCA Motors boss wins court battle

Mutanda, who is facing fraud charges involving more than US$25 million, was granted bail in November last year. He was ordered to pay US$1 000 bail and surrender his passport. The passport was, however, temporarily released to him three weeks ago with the State’s consent after he made an application. The businessman, who is the holder of the Western Union franchise in Zimbabwe and a major shareholder of CAPS

Holdings, on Tuesday appeared before Harare magistrate Mr Kudakwashe Jarabini who threw out the State’s application.
In his ruling Mr Jarabini said the State’s application was improper and an abuse of the criminal procedure.

He said there were no changed circumstances warranting the businessman to return his passport as the court knew that extra-territorial investigations involved Interpol from the request for remand form.
“It is not proper for the State to make this court review its own decision. The application by the State is frivolous and is hereby dismissed,” he said.

Earlier, prosecutor Mr Obi Mabahwana had told the court that the State had decided not to call Area Prosecutor Mr Jonathan Murombedzi because his evidence was irrelevant in the application. He submitted that investigating officer’s consent or opposition to having the passport temporarily released was also irrelevant as the Attorney General’s Office was the prosecuting authority in Zimbabwe. “The court has requisitejurisdiction to revoke any of the bail conditions basing on changed circumstances,” he submitted.