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John is jointly charged with the then security officer of Home Stake Mining and Technical Services, Williat Jayadara Mupepe (68).
The two were represented by Mr Jethro Nyarota of Wilmot and Bennett Law Firm and Mr Valentine Mtatu of Mtatu and Partners. The trial could, however, not immediately start yesterday after their lawyers submitted that the case be referred to the Supreme Court.
They argued that the lower courts have failed to put the two on trial “within a reasonable period.”
Mr Nemadire adjourned the case to 21 December for a ruling. In their submissions, Mr Nyarota and Mr Mtatu said their clients’ case had taken long since 2006 without being heard thereby breaching the two’s constitutional rights.
“The defence submits that the matter be referred to the Supreme Court. The notice of the intention to make such application was served to the State on Friday 7 December 2012. The State has failed to put this matter for trial within a reasonable period given the fact that the warned and caution statement against my client was written some time in June 2006,” submitted Mr Nyarota.
Mr Nyarota also submitted that during investigations into the matter, police confiscated “voluminous” records from Home Stake Mining and Technical Services, which were yet to be returned thereby prejudicing the company and the business.
Mr Mtatu made the same submissions.
During cross-examination, one of the accused John indicated that he wanted the matter tried saying its seriousness had created a lot of anxiety for him.
John who was giving his evidence said he was confident that the State will not find any reasonable grounds against him and wanted the matter to go for trial as a matter of urgency so that he could be cleared.
“The matter has taken too long to go for trial and with the very serious charges hanging on my head for this long, I would want the matter to go for trial so I can be cleared. My constitutional rights have been severely curtailed and I have no problems with the matter going for trial as I feel I am innocent and will be cleared,” he said.
In his evidence, Mupepe, however, prayed that the matter be postponed and referred to the Supreme Court on the grounds that he was no longer employed by Home Stake Mining and Technical Services.
He said he wanted time to see the documents, some of which he should ask from his former employer.
Mr Samuel Pedzisai for the State opposed the submissions and said the State was still investigating the matter and the delay in the trial could not warrant the matter to be referred to the Supreme Court.
Mr Pedzisai argued that there were some witnesses who had travelled all the way from Harare and Shamva.
“Also my worship, accused one, (John) is willing to have the case go for trial so that the anxiety in him can be relieved,” he said.
The State case against John and Mupepe is that between January 2001 and December 2004 Home Stake Mining and Technical Services did not deliver all gold to Fidelity Printers and Refiners.
The State further alleges that in breach of the Gold Trade Act, Chapter 21 03, the two accused failed to account for the gold valued at $4 512 167, 68.
Nothing was recovered.
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