adminbusinessman accused of swindling a furniture company of shares worth US$500 000 is criminal and should be tried at the lower court.
The couple, Zhaosheng Wu and Yan Yu, were arrested alongside Dawid Johannes Erasmus, the director of Eras Accounting and Executor Services. The three through their lawyers made a constitutional application to the Supreme court saying the refusal by the presiding magistrate, Mr Never Katiyo, to refer the matter to the higher court in terms of section 24 (2) violated their constitutional rights. They argued that their matter was not criminal but civil thus by treating a civil matter as a criminal case, their constitutional rights were being violated. Chief Justice Godfrey Chidyausiku sitting with Justices Wilson Sandura, Vernanda Ziyambi,
Pardington Garwe and Misheck Cheda heard the matter on July 14.
In dismissing the application, the Chief Justice said: “We are unanimously agreed that the charge preferred supported by the facts contained in the State outline do reveal a criminal offence.
“The magistrate’s refusal to refer the applicants’ case to the Supreme Court did not violate applicants’ rights under the constitution.”
Mr Katiyo had ruled that the application was frivolous and vexatious and an abuse of the court process.
The magistrate had said that if the facts in the State outline supported by the charge sheet were to be proved on trial, the conduct of the accused persons was criminal.
The three were yesterday back at the magistrate’s court for continuation of trial and the prosecutor Mr Editor Mavuto, told the court that the State intended to postpone the matter as it needed time to secure the services of a Chinese interpreter.
Mr Terrence Hussein who is representing Wu and Yu quickly made an application for Yu to be the Chinese interpreter and assist her husband in interpreting. Mr Mavuto objected to this arguing that no one among all the court officials was well versed in Chinese, hence there was a fear that Yu as an interested part would twist the interpretation thereby jeopardising trial.
Mr Katiyo dismissed the application saying: “Because of the State’s fear, application for postponement is granted in order for the State to secure a Chinese interpreter and that is procedural. What the defence counsel intended to do was not procedural.”
The matter was remanded to August 16. Allegations are that the couple agreed to buy Monomotapa Garden Furnisher (Pvt) (Ltd) belonging to Atur Fernado Pereia Dias, but got Erasmus to forge a share certificate purporting he was the director of Monomotapa Garden Furnisher.
They then transferred 1 000 shares into the couple’s company, Shomet Industrial Development. The shares were valued at US$500 000.
Bongani Ndlovu
Online Reporter