Mangoma released from remand prison

from remand prison after the High Court threw out the State’s application for leave to appeal against granting him bail.
Mangoma is being charged with criminal abuse of office involving US$6 million in a fuel procurement deal.
His trial opened on Monday last week at the High Court and he is denying the charge.
The State had requested the court to bar the minister – who faces another charge of flouting tender procedures – from setting foot at his workplace until finalisation of the case.
Chief Law Officer Mr Tawanda Zvekare argued that the minister, who was granted US$5 000 bail by Justice Yunus Omerjee last week, was likely to influence witnesses.
However, Justice Joseph Musakwa turned the application down saying there was no proof to back up the contention.
“An application of this nature is based on prospects of success. From a reading of (Justice Omerjee’s) ruling it does not appear that the State established any facts on which it grounded its fear that there was a likelihood that the respondent might interfere with witnesses.
“Having considered the totality of the applications that have been considered by this court and the apparent contradictions in the present application, I am of the considered view that the intended appeal enjoys no prospects of success.
“The application is therefore dismissed,” Justice Musakwa said.
He said the application had two formal defects.
“Please take notice that the applicant (State) applies for leave to appeal against the bail condition which required the respondent to be barred from reporting to his workplace until the matter is finalised.
“There is no doubt that this is not what the applicant is seeking to appeal against as no such condition was imposed.
“There was no attempt to amend this anomaly.”
The judge said the second defect was in the draft notice of appeal, which was titled “In the High Court of Zimbabwe” whereas an appeal against a decision of the High Court goes to the Supreme Court.
“Mr Zvekare was oblivious of this defect. Having queried him on this defect, it does not appear that initially he appreciated the significance of the draft notice of appeal,” Justice Musakwa said.
The judge noted that Mr Zvakare had submitted to court that investigations were complete and witnesses’ statements had been recorded.
Justice Musakwa said the minister’s lawyers contended that the application was based on speculation and “bald” assertions.
“This is because the matter has been before this court on two previous occasions and the same argument by the applicant was found to have no merit,” he said.
The State has said it will appeal against the decision in the Supreme Court.
Mtetwa and Nyambirai Legal Practitioners are representing Mangoma.
His lawyers joined his mother, wife, brothers and other relatives in escorting him from Harare Central Remand Prison and back home at around 5pm yesterday.
A smiling Manogma waved to the media and was quickly whisked away in a Mercedes Benz.
He is charged with authorising the purchase of five million litres of diesel from a South African company for US$6 million without going to tender.
The other charge of criminal abuse of duty as a public officer arose after he allegedly cancelled a tender for the supply and delivery to the Zimbabwe Electricity Transmission and Distribution Company of a pre-payment revenue management system, metres and associated equipment.
The State alleges that his actions prejudiced nine companies that had participated in the tender process.