Tanyanyiwa case: State application gets nod

magistrate Mr Hosea Mujaya said would enable him to make an informed ruling on the defence application for discharge.
The video was allegedly recorded by one of the State witnesses who testified in the case. Prosecutor Mr Oliver Marwa made the application after magistrate Mr Mujaya said it would be proper for him to watch the video before making a ruling. Tanyanyiwa’s lawyer, Mr Admire Rubaya, queried why the State was making such an application since they had made an application for discharge, which the State had responded to.  He likened the court to a referee in a football match who orders that a different player retake a penalty missed by his teammate. However, Mr Mujaya who cited a High Court case said his role should not be confused with that of a football umpire.
He said although it was allowed in football to capitalise on the pitfalls of an opponent, it would be miscarriage of justice in the legal system. He granted the State’s request and he was given a copy of the video in question. The ruling will now be made on October 2.
On the first fraud case, Tanyanyiwa, well knowing that he had no money to buy a house, allegedly hatched a plan to defraud Chitungwiza municipality and took US$165 000 from council to buy a house in Chisipite.
On charges of corruptly concealing a personal interest in a transaction from a principal, the State said that during the period extending from September to December last year, Tanyanyiwa allegedly offered the Chisipite house through his estate agent for rental to Chitungwiza municipality director of urban planning Mr Conrad Muchesa. It is alleged that Tanyanyiwa, with the intention to deceive, did not disclose his personal interest in the house to his principal.