Kurotwi’s application dismissed

them dropped.
The duo had through their lawyers applied for an exception to the charges arguing the indictment papers had scanty information to constitute the essential elements of the offence.
Kurotwi and Mubaiwa are being accused of misrepresenting to the Government that Core Mining was a special purpose vehicle for an international mining firm and it undeservingly entered a joint venture with the Government.
Government claims to have lost US$2 billion as a result of the misrepresentation.
Justice Chinembiri Bhunu yesterday threw out the duo’s application on the basis that the State case disclosed all the relevant information as required by the law. Defence lawyers Ms Beatrice Mtetwa and Advocate Lewis Uriri made the application after their clients had just pleaded not guilty to the charges.
They argued that the State papers did not disclose the natural person to whom the misrepresentation was made and did not give a breakdown and explanation on how the US$2 billion prejudice was arrived at.
Justice Bhunu shot down the issue of disclosure of the person to whom the misrepresentation was made.
He ruled that Government was a juristic person liable to being sued or sue and that there was no obligation for the State to specifically disclose the natural person.
The judge also dismissed the objection on the quantum of prejudice to the Government saying the State’s explanation in court was sufficient.
“Having carefully perused the charge sheet and the State’s response it appears to me that the particulars required by the accused persons in respect of the indictment are properly contained in the summary of the state case that is yet to be read in open Court. For that reason alone both the exception and application for further particulars cannot succeed. Both objections are accordingly dismissed,” ruled Justice Bhunu.
He found that the two issues raised could not prejudice the accused persons at all and that the trial should continue on March 19.
Chief law officer Mr Chris Mutangadura, who was being assisted by Mr Public Mpofu, proposed the postponement of the case to allow the defence team to craft their defence in line with the latest developments.