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Nyore Madzianike-Senior Court Reporter
HARARE regional magistrate Mr Taurai Manwere is today expected to make a ruling on Gokwe-Nembudziya legislator Justice Mayor Wadyajena’s application for revocation of his placement on remand on fraud and money laundering charges.
The case involves funds allegedly diverted from buying bale ties for Cotton Company of Zimbabwe and used instead to buy trucks now with Wadyajena’s company, Mayor Logistics.
The ruling was postponed twice last year before it was set for today.
Wadyajena and his company, Mayor Logistics, are jointly charged with Cottco bosses Pious Manamike, Maxmore Njani, and Fortunate Molai, plus Chiedza Danha and her Pierpoint Moncroix company.
They allegedly used US$5 834 000 meant for importing bale ties to import trucks, buy fuel and make an assortment of other payments that had nothing to do with the ties.
Danha and her company, Pierpoint Moncroix, have also filed an application for refusal of further remand.
Wadyajena and Mayor Logistics, who are represented by lawyer Mr Oliver Marwa, argued that the State failed to outline the role they played in committing the alleged offences. They were included in the remand hearing because some of the allegedly diverted money was used to buy 22 trucks that are now owned by Mayor Logistics.
Wadyajena’s legal team argues that the State is saying the fraud took place within Cottco and was perpetrated by those working in Cottco.
This, they further argue, means that there is no link to Wadyajena and his company.
For the remand to stick, the State had to at least allege knowing association by Wadyajena and his company to deceive Cottco and that Wadyajena was present when the plan was hatched or when the fictitious purchase was carried out, they said.
Wadyajena and his company said the State also failed to link them with Pierpoint Moncroix or how they could have influenced it into committing the alleged offence.
“We have combed through the Form 242 but failed to notice any allegation to the effect that the 25 Freightliner trucks whose details are itemised were imported under the guise of a consignment of bale ties destined for the Cotton Company of Zimbabwe.
“The State actually concedes that the trucks were correctly described as road tractors for semi-trailers in the consignment papers. Most importantly, there is no positive allegation that they were paid for by any money belonging to the Cotton Company of Zimbabwe”.
Wadyajena also argued that there was no connection between him and his company and the alleged business or deals of the Cotton Company of Zimbabwe and Giant Equipment, a US-based truck supplier.
Wadyajena said the allegations were “purely made with the calculated intention of improperly colouring the court’s mind and inducing public indignation” against him and Mayor Logistics.
“This allegation is not capable of being proved at trial because it is patently false.
“It was meant to manufacture a non-existent link between the two applicants and the alleged criminal infractions at the Cotton Company of Zimbabwe,” said Mr Marwa.
Wadyajena and his company argued that the State’s allegations amount to a supply contract which was breached, which will render the case a civil matter.
“The allegations seem to be that the bale ties that were ordered were not duly delivered. If the court agrees with this conception of the charges, it ought to find that there is no sufficient basis to have placed the accused on remand in the first place.
“This becomes a supply contract that was breached. It is a civil matter,” they said.
Danha and her company, who are represented by lawyer Mr Harrison Nkomo, also filed their application for refusal of further remand arguing that the State failed to establish a link between them and Cottco, Mayor Logistics and Giant Equipment, USA. They said it was unclear how Danha had direct control of Pierpoint Moncroix.
Danha and her company also denied money laundering charges they are facing and claimed that they did not launder any proceeds of any crime, nor benefited from the truck imports.
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