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Tendai Rupapa Senior Court Reporter
THE trial of suspended Zimbabwe Broadcasting Corporation chief executive Happison Muchechetere failed to resume yesterday after his lawyers successfully applied for postponement because they are not ready. Muchechetere is facing charges of contravening the Procurement Act emanating from the importation of a ZBC OB van from China.
Through his lawyer, Mr Keith Kachambwa of Dube, Manikai and Hwacha, Muchechetere notified the court of his intention to file an application for exception to the charge.
He is arguing allegations by the State do not constitute an offence.
Muchechetere, who was initially charged with fraud, had his charges altered to contravening sections of the Procurement Act.
He allegedly bought an audio outside broadcasting van (OB van) from China without going through a formal tender.
Yesterday he appeared before regional magistrate Mr Hoseah Mujaya but the trial failed to start after Mr Kachambwa said they were yet to file their defence outline.
He said they were having challenges in securing documents from China which they want to use during trial.
“Your Worship, I have not been able to prepare a defence. The case involves a van purchased from China and some of the evidence we require for the trial has to be from China. We are in the process of gathering information, however, with a bit of challenge.
“An accused person has the right to adequate time in order to prepare for his defence hence by asking for a week’s delay I do not think we are asking for too much from this honourable court,” he said.
“We also intend to make an application for exception and we will file written submissions by Monday next week and the State can respond by Friday of the same week.”
The State, led by Mr Beaven Murevanhema and Ms Farai Zachariah, opposed the application.
Mr Murevanhema said the defence was given ample time to prepare for trial.
He accused Muchechetere’s lawyers of deliberately delaying proceedings.
“The State furnished the defence with the State papers on June 3 and since then we have been awaiting for their defence outline.
“We also do not need notice of their application because we are ready to respond to it now and proceed to trial. They just want to derail trial proceedings.
“The State has witnesses who have left their businesses to attend court hence it would not be fair to them if the matter is postponed,” he said.
Ms Zachariah said Mr Kachambwa notified them last week on Friday that they were not ready for trial as they were running around working with a “higher office”.
After hearing submissions from both counsels, Mr Mujaya said both counsels were reluctant to put their cards on the table.
He granted the defence’s application and rolled over the matter to July 9 for commencement of trial.
The complainant in the matter is the State Procurement Board represented by Mr Samson Mutanhaurwa.
The State alleges that on January 18 last year, Muchechetere without going through a formal tender, entered into procurement agreement to purchase an OB van with the China National Instruments Imports and Exports Corporation at a price of US$1 050 000.
In the agreement Muchechetere was representing ZBC as the accounting officer.
On June 28, Muchechetere concluded the purchase deal alone which resulted in the Chinese firm issuing a commercial invoice and the OB van was delivered on August 8.
Online Reporter