Umguza council CEO denied bail

Dismissing Collen Moyo’s bail application, Bulawayo provincial magistrate Mrs Learnmore Mapiye ruled that he was not a good candidate for bail as he could abscond.

 

The court noted that from evidence led during the bail application, investigations against Moyo started way back in 2004 and that he has been avoiding officers from the Zimbabwe Anti-Corruption Commission.

“The moment you became aware that investigations had commenced it was your duty to surrender to the police, but instead it appears you were avoiding the law enforcement agents,” said Mrs Mapiye.

She noted that Moyo was only arrested in Hwange last week on Thursday when he attended the Matabeleland Community Share Ownership Scheme/Trust, which was launched by President Mugabe.
Evidence led by the State counsel, Mr Fritz Madida in opposing the bail application, she said, showed that Moyo did not stay at the residential address he provided and that he last stayed there in 2010.

The supplied address to the police is Number 3 Reigate Compound, Umguza but investigations show that he stays in Burnside.

It was the court’s finding that the State had a strong case against Moyo and given the fact that he abused State funds the likelihood of a jail term were very high and that this was incentive enough for him to abscond.

Moyo (46) was not formally charged with contravening Section174 of the Criminal  Law (Codification and Reform) Act, Chapter 9:23 (criminal abuse of duty as a public officers).

He will next appear in court on 5 November and his defence counsel, Mr Tawengwa Hara, of T Hara and Partners indicated that he would appeal to the High Court against the court’s decision to deny his client bail.

Sometime in 2010, the Zimbabwe National Road Authority (Zinara) granted Umguza Rural District Council $1,6 million for the reconstruction of a 12km stretch of Ilitshe Road and the construction of a 60 metre bridge across Umguza River.

The State is alleging that Moyo unlawfully facilitated the release of funds to Notify Enterprises before it was contracted to carry out the rehabilitation of the road by raising false claims certifying that work had been done.

When the tenders were eventually called for, and Moyo on realising that his scheme was about to be discovered, allegedly abused his power as CEO to cause the awarding of the tender to Notify Enterprises in retrospect.

The contractor was allegedly paid a total of $1 455 650 and no bridge was constructed.

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