Refer ex-CIO boss’ case to Supreme Court, say lawyers

permanent stay of proceedings.
Mukandi, who fled Zimbabwe 11 years ago and had an outstanding arrest warrant, was arrested on arrival at the Harare International Airport in September last year.

He is jointly charged with Rick Mubvumbi, former chief transport officer, David Nyabando, former chief administration officer in the same organisation and a businessman Mohamed Ahmed Meman.
In their application, lawyers – Advocate Julia Wood and Mr Wilson Manase – argued that their clients’ rights to liberty were being violated in terms of the Constitution of Zimbabwe. Mukandi’s lawyers said the matter was taking too long to be finalised considering that the allegations arose in 1996.

They said Mukandi and his alleged accomplices were removed from remand on January 13, 2000 and were later summoned to court last year after the former’s arrest.
Mr Manase said the State had all the time to call the available accused persons for trial.
“Their rights are infringed by the delay to bringing them up for trial despite the fact that we have been pushing to go for trial.

“They should have separated the trial and proceed with those who were present.
The lower court must refer the matter to the Supreme Court for permanent stay of proceedings,” he said.
The State led by Mr Michael Reza opposed the application on the basis that the trial could not proceed since Mukandi was in self-imposed exile in Canada.

“Accused 1 (Mukandi) was beyond the reach of the jurisdiction of this court and separation of trial could not be considered due to the nature of the charges, as doing that would be tantamount to free them because individually the charges cant stick,” he said.

He added that the State made numerous efforts to have the accused located and extradited to Zimbabwe.

“On December 6 2002, the Zimbabwe Republic Police made a request to Interpol Canada to have the accused located and extradited to Zimbabwe.

“They followed up on February 13, 2004, September 2, 2004, October 28 2005 and February 28 2007 but Zimbabwe and Canada do not have an extradition treaty so the accused could not be extradited,” he said.

After hearing arguments from both counsel, Ms Fadzai Mthombeni deferred the matter to February 1 for ruling.