adminof R100 000 and US$5 000 cash, will spend the weekend in custody.
Leeroy Waguta (25), who was out of custody on US$100 bail, had his bail revoked on Thursday after he reportedly threatened Mwaruwari with unspecified action for causing his arrest.
Mwaruwari was expected to testify yesterday on how Waguta threatened him. The State advised the court that the Blackburn Rovers star had a breakdown on his way to Harare from Bulawayo and sought for postponement.
“The complainant communicated with us saying he could not make it to court since he had a breakdown, hence we cannot proceed,” said the prosecutor, Ms Vernancia Mtake.
Waguta’s lawyer Mr Tafadzwa Mugabe then applied for his client’s release from custody arguing that Mwaruwari was not taking the court’s order seriously.
“It would be unfair to keep my client in custody when the complainant has failed to come to court.
“Perjury is a very serious offence and if the complainant is lying and does not show up, then the court must show its powers.
“The investigating officer made an undertaking yesterday (Thursday) that complainant would be available after it was alleged that he was in Bulawayo.
“It looks like complainant is not interested because he is not co-operating with the court and if indeed he was interfered with, he should have come.
“Complaint should take court business seriously,” he said.
However, magistrate Mr Shane Kubonera dismissed the application arguing that the State needed to call Mwaruwari first for him to testify.
“After considering submissions from both counsel, at this stage the State has to call the witness to confirm what the investigating officer said.
“It would be prudent to make the final ruling on Monday, June 27, when complainant would testify.
“Even if the complainant fails to come on Monday, the court will use the evidence which was made available in court,” he said.
Waguta was remanded in custody to Monday when Benjani is expected to show up.
Waguta had come to court on Thursday for his routine remand when the State successfully applied to have his bail revoked.
When the court granted him bail he was ordered to abide by the conditions set.
As part of his bail conditions, Waguta was ordered to reside at his given address and not to interfere with State witnesses until the matter is finalised. However, Waguta allegedly breached the bail conditions when he phoned Mwaruwari and threatened him with unspecified action.
Prosecutor Ms Vernancia Mtake alleges that sometime in November last year, Waguta approached Mwaruwari’s friend, Patrick Muteswa.
It is the State’s case that Waguta knew that Muteswa owed Mwaruwari some money.
Waguta allegedly lied to Muteswa that he had been sent by Mwaruwari to collect US$5 000 from him.
Through the misrepresentation, it is alleged, the unsuspecting Muteswa gave Waguta the money, which he converted to his personal use.
During the same month, it is alleged that Waguta who was in Harare sent an e-mail to Mwaruwari’s lawyer in South Africa pretending to be the football star and instructed the lawyer to transfer R100 000 from his account into Waguta’s account.
It is further alleged that the lawyer without suspicion transferred the money into Waguta’s account.
The matter came to light when the legal representative was auditing the funds and verified with Mwaruwari about the transfer.
The shocked Mwaruwari then made a police report leading to Waguta’s arrest.
Online Reporter