adminCore Mining director Lovemore Kurotwi and former Zimbabwe Mining Development Corporation chief executive Dominic Mubaiwa are jointly charged for fraud and misrepresenting to Government in a diamond mining deal.
Chief law officer Mr Chris Mutangadura and law officer Mr Public Mpofu made the application in terms of the Criminal Procedure and Evidence Act saying it was important for an inspection in loco to be held. “The State wishes to make an application for an order to conduct an inspection in loco in the Republic of South Africa,” said Mr Mutangadura.
“An essential feature of the State’s case comes when accused allegedly defrauded Government when they, acting in common purpose, devised a grand plan of misrepresenting certain facts surrounding the capacity of Core Mining as an investor and in order to execute that criminal design they purported to misrepresent themselves as BSGR and to be funded by BSGR hence the due diligence exercise held in South Africa.”
Mr Mutangadura said it was important for the court to appreciate through real and direct evidence on the offices and places visited by the ZMDC team which allegedly conducted a due diligence exercise in SA.
“There is already before the court a report compiled by the team of former ZMDC board of directors wherein the accused are alleged to have participated in or influenced the fake due diligence report hence the mention of that in the charge sheet and the State outline.
“This is a trial before the judge and two assessors. What this application entails is that before all these witnesses lead evidence in open court, an order be granted allowing the judge and assessors to visit South Africa together with State witnesses, the two accused persons, State counsel and both the defence lawyers for an inspection in loco,” Mr Mutangadura said.
He submitted that the court should be granted an order to visit offices of Core Mining and mining operations in Vaal Bosch and Pikwe in South Africa.
“The offices of Core Mining operations visited are there for the court to observe.
“Witnesses are there to demonstrate what they did in the full glare of the court.
“There is no prejudice to anyone if the inspection in loco is conducted,” he said.
However, defence counsel Ms Beatrice Mtetwa and Advocate Lewis Uriri vehemently opposed the application saying the court should dismiss it, arguing that the court’s jurisdiction was limited to Zimbabwe.
“It is clear that the territorial jurisdiction is confined to Zimbabwe. The State should pledge before court proof from South African criminal justice that all assistance will be produced to allow invasion of jurisdiction,” Ms Mtetwa said. “He should place evidence before the court that he is not a wild goose chase.” Ms Mtetwa argued that granting the order would delay the trial and prejudice the accused.
The defence also submitted that the inspection in loco was expensive and would not add any value to the case since witnesses will testify in court, an assertion that was dismissed by the State saying it has the responsibility to fund administration of justice.
Adv Uriri also said there was no gazetted statutory instrument compelling South African authorities to assist Zimbabwe.
Justice Chinembiri Bhunu will rule on the application on Friday.
Online Reporter