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Lawyers representing Samuel Bongo and Haruzivi Ishe Zishiri and Lynnah Ndagurwa told senior Western Division regional magistrate Mr Owen Tagu that they needed more time to prepare their clients’ defence outlines.
Mr Ndivhadzo Siphuma, of Sansole and Senda representing Ndagurwa told the court that when the case was in court the last time, the prosecutor, Mr Goodluck Katenaire had indicated that the State wanted to withdraw charges against Bongo and use him as a witness.
He said Mr Katenaire had indicated that police would then interview Bongo and record a statement from him. Mr Siphuma said the defence was still waiting for the statement before they could prepare their defence outlines.
Mr Robinson Mahachi, of T. Hara and Partners representing Bango and Zishiri concurred with Mr Siphuma adding that the State only informed him on Monday they would prosecute Bongo together with others.
The lawyers said the voluminous amount of documentary evidence that would be used in the trial and the fact that the State was giving them the documents bit by bit, meant they needed more time to prepare solid defence outlines for their clients.
In response, Mr Katenaire said the defence counsels were misleading the court as Mr Mahachi has been involved in the State’s endeavour to make Bongo a State witness until Monday this week.
He said the defence counsels were served with State papers more than a month ago and said the application was sending a crystal clear message that the defence team would never be ready to go to trial. Mr Tagu granted the postponement to allow the defence counsels enough time to adequately prepare their clients’ defence outlines.
Bongo (30), Zishiri (35) who resides at GMB Tsholotsho Depot and Ndagurwa (33), of Number 25 Lanercost Avenue in Morningside and is employed at GMB Belmont depot in Bulawayo have not been formally charged and are out of custody on bail.
Zishiri is employed at Lusulu GMB depot as a depot assistant and his duties include checking of grain receipts raised by Bongo and confirming the authenticity of grain deliveries as well as forwarding the grain receipts to the GMB headquarters for payment by the accounts department in Bulawayo.
Ndagurwa was employed as an accounts clerk and her duties included the completion of petty cash requisition vouchers and transferring funds using Real Time Gross Settlement for payment for farmers on grain received at different GMB depots in the Matabeleland region.
It is the State case that between 20 November 2010 and 24 March last year, Bongo allegedly acting in connivance with Zishiri and Ndagurwa allegedly raised GMB grain receipts in the names of four people, saying they were farmers who had allegedly delivered maize at GMB Lusulu depot.
The State will seek to prove that Zishiri acting in connivance with Bongo and Ndagurwa signed and confirmed as true the grain receipts raised by Bongo.
Ndagurwa allegedly in connivance with Bongo and Zishiri processed payments by completing GMB petty cash requisition vouchers and RTGS transfer applications.
Payments in respect of all grain receipts raised in the names of four people was deposited in the bank accounts of the two, the State alleges.
The amounts were later withdrawn from the two accounts allegedly on the instructions of Ndagurwa and it was all surrendered to her.
They allegedly misrepresented that the quartet had delivered a total of 170 535 tonnes of maize grain valued at $46 897, 26 and nothing has been recovered.
Online Reporter