Online Reporter
Yeukai Karengezeka-Chisepo
Court Correspondent
The High Court has dismissed an application by two men accused of forgery and fraud to halt their criminal trial, ruling that the State established a prima facie case requiring them to present their defence.
Justice Gibson Mandaza dismissed the application filed by Jackson Murehwa and Richard Chiwandire, finding that they had failed to demonstrate exceptional circumstances that would justify the High Court’s intervention in criminal proceedings that are still before the magistrates’ court.
The pair had approached the High Court seeking to overturn a ruling by Harare magistrate Mrs Rakafa-Matsika, who refused their application for discharge at the close of the State’s case.
They are facing two counts of forgery and fraud arising from allegations that they forged a letter dated February 6, 2020, purporting it to have been authored and signed by the then Permanent Secretary in the Ministry of Mines and Mining Development, Mr Francis Gudyanga, before allegedly using it to defraud the ministry.
After the State closed its case, having called four witnesses, Murehwa and Chiwandire argued that prosecutors had failed to prove the essential elements of the offences and that there was no basis for them to be placed on their defence.
They submitted that the State had failed to establish both the physical and mental elements of the alleged offences, particularly after electing not to rely on forensic evidence.
The accused also challenged the admissibility and evidential value of the disputed document, arguing that it was merely a poor-quality photocopy incapable of sustaining a conviction.
The State opposed the application, arguing that at the close of its case it was only required to establish a prima facie case and not prove the charges beyond reasonable doubt.
In his judgment, Justice Mandaza reaffirmed the long-established principle that superior courts should be slow to interfere with ongoing criminal proceedings before they have been concluded.
He held that the magistrate’s decision was based on factual findings and did not amount to a gross irregularity warranting review.
Justice Mandaza noted that, on a prima facie basis, the evidence showed that Mr Gudyanga had denied authoring or signing the disputed letter, while officials from the Ministry of Mines and Mining Development testified that no such letter existed in the ministry’s records.
The judge further observed that evidence placed Murehwa at the centre of producing the letter during a meeting held on February 6, 2020, while Chiwandire allegedly supplied him with the disputed document together with other company papers.
In dismissing the application, Justice Mandaza said the threshold for a discharge had not been met.
“The consequences of an acquittal are final and far-reaching: the accused cannot be tried again on the same facts and charge, as the verdict establishes innocence after a thorough judicial inquiry,” he said.
“By contrast, an order of discharge signifies only that no prima facie evidence has been adduced to justify placing the accused on their defence.
“It is not a definitive pronouncement of innocence, but rather a procedural safeguard against the unwarranted continuation of proceedings where the State has failed to establish the essential elements of the offence.”
The application was accordingly dismissed, paving the way for Murehwa and Chiwandire to present their defence before the magistrates’ court.
