adminSedze through his lawyer Mr Fred Machokoto of Mambo Sasa legal practitioners told the court that he had not been furnished with relevant documents by the State to enable him to prepare his defence.
The State led by Mr Reza opposed the application for lack of merit.
Magistrate Mr Rogers Kachambwa granted the defence’s application and postponed the matter to March 21 for trial.
Mr Kachambwa, however, warned against further delays.
“The delays that are happening are on record and everything should stop lest someone be held in contempt of court. The accused is trying to buy time and let me put it on record that these courts must not be taken for a ride.
“For the last time this matter is postponed to March 21 and the trial will proceed with or without the accused’s lawyer,” he said.
In making the application Mr Machokoto submitted that despite writing letters to the State, requesting for the State papers, he had not received them.
“This application is not made to delay proceedings but it is based on documentary evidence.
“Your worship these documents are not just ordinary documents and without them I can not make any meaningful defence. Therefore I pray that this matter be postponed for a reasonable time to allow the State to furnish us with the relevant papers,” he said.
In opposing the application, prosecutor Mr Michael Reza argued that the State prepared the papers in time but the defence had not collected them.
“Your Worship the allegations by the defence that the State is refusing to give them papers is not correct. In fact the accused person once received the State papers unfortunately he was not made to sign for them.
“The State believes that a stop must be put to this kind of behaviour by the accused where he is trying to get from the back door what he can’t get from the front door. The State urges the court to dismiss the application,” he said.
Charges against Sedze arose during a period preceding the month of February last year, when Kingston Holdings owed the National Social Security Authority US$43 552,54 for non-payment of statutory obligations.
On February 8, NSSA obtained a High Court judgment against Kingstons to attach its property.
Sedze, it is alleged, hatched a plan to defraud the company and misrepresented to Kingstons Holdings that he had secured a financier called Rachet Investments that was willing to lend US$31 000 to service the NSSA debt.
The money was to be paid directly to NSSA and Sedze was the interface in the transactions, says the State.
Mr Reza alleges that between August 4, 2012 and February 17 this year, Sedze submitted, on different occasions to NSSA, contrived electronic transfer copies with a combined figure of US$48 000 purporting to be Rachet Investments’ payments to NSSA.
Afterwards Sedze allegedly claimed US$25 362 from Kingdom Holdings saying the money would cover legal fees and interest charged on the loan advanced by the purported financiers.
He allegedly converted the money to his own use.
The State alleges that on January 10 last year, Sedze bought Stand Number 65 Rydale Ridge Park worth US$17 000 through a real estate agent.
Between February 4 and 16, Sedze allegedly misrepresented to the company that US$10 000 was due in legal fees arising from litigation involving Kingstons before he was given the money.
He allegedly used the money to buy the stand.
Online Reporter