adminLAWYERS representing an official from Mnene and his two accomplices from Ministry of Health and Child Care who are facing allegations of criminal abuse of office have applied for discharge at the close of the State case.
An application of discharge is filed when seeking the court to drop the charges or not to proceed with the trial due to lack of evidence.
Mnene Hospital administrator Ziboniso Noel Moyo, national procurement officer Wilbert Madenga and national projects and planning officer Richard Dharara had pleaded not guilty to three counts of criminal abuse of office as public officers when they appeared before Gweru regional magistrate Morgan Nemadire.
Lawyers, Misheck Hogwe and Reynoso Gumbo made an application to regional magistrate Mr Morgan Nemadire at the close of the State case arguing that the State had failed to produce substantial evidence and to prove beyond reasonable doubt that an offence was committed by the three accused persons.
The State led by Mr Fred Kadodo challenged the application, arguing that the case should be put to finality.
Mr Nemadire set the date for the ruling on the application as 22 April.
On Thursday last week, two State witnesses turned hostile and refused to testify.
Mr Innocent James, the deputy director for administration and logistics in the ministry, refused to testify professing ignorance on the matter and stated that he could only give a general overview of the guidelines of how public funds should be used.
Another State witness, Mr Tafara Muvirimi, the deputy director hospital planning, also claimed that he was not aware of the allegations.
Allegations are that the officials connived with two senior Government officials from the Ministry of Health and Child Care to forge the permanent secretary’s date stamp to approve tenders resulting in the Lutheran-run institution being prejudiced of about $400 000.
Mnene, which is Mberengwa’s biggest referral hospital servicing 35 clinics and four rural hospitals, was given a $700 000 grant by the Government under the targeted approach programme in 2011 meant to improve health service delivery.
The three allegedly connived to preside over the tender without the authority of the State Procurement Board which is mandated by the Procurement Act to preside over all tendering procedures and procurement of goods, services, equipment worth over $50 000.
Online Reporter