The state has conceded to receiving an instruction to reverse a case withdrawal affidavit made in the case of land developer Felix Munyaradzi.
Munyaradzi who was facing four counts of frauds which were withdrawn by Special Anti-Corruption unit prosecutor Zivanai Macharaga appeared before Harare magistrate Taurai Manuwere who remanded the matter to Tuesday for ruling.
Macharaga submitted a case withdrawal consent affidavit before magistrate Manuwere saying the state had no evidence and wish to withdraw the matter.
Magistrate Manuwere then set date for ruling on the state consent did not come due to illness and replaced by magistrate Stanford Mambanje who further postponed the matter to Friday.
The state replaced Macharaga with another prosecutor Lancelot Mutsokoti who advised magistrate Manuwere that they were now seeking the revocation of the consent to withdraw the matter saying it was made in error.
Mutsokoti said the consent affidavit by Macharaga was erroneously issued saying the state has power to revoke its earlier decision since there are new developments made in the matter.
However, Munyaradzi’s lawyer Charles Warara opposed the revocation of the consent affidavit saying the law did not stop determination of the matter by the magistrate.
Mutsokoti said they are asking the court to delay the ruling by February 17.
“When the court adjourned l was entrusted by the court to ascertain your worship you note from the record there consenting to withdrew the matter. We are withdrawing the consent that it was our considered view that the convention was erroneously made and we will seek to address the points of law,” Mutsokoti said.
“Since the court did not yet disclose its ruling ,we therefore we seek to withdraw that consent and we said it was made erroneously made. I am sure the court is aware of the bail hearing of Henrietta Rushwaya, the state consented to readmission of bail but before the court made that ruling the state did withdraw that consent.”
In his opposition, Warara said the state did not state the reason for withdrawing the consent saying the judgment should be given while the state can file its application to revoke their consent later.
“When the judgment is ready to be delivered the state then want to pull the rug from the feet. The court must be allowed to deliver the ruling. There is no case law authority for doing such an application. The consent are not based on error explained to the court. They must submit evidence to support that assertion such a part were they want to withdraw evidence which support the accused they are playing a games with the court,” Warara said.
“There were documents submitted in this court of affidavit withdrawing the charges. That is evidence before the court, the state produced two opinion supporting a legal position that the accused has no case to answer in this court. A consent was already set. The charge is defective and evidence required to bring the accused to court is not available. This about turn is possibly to fabricate evidence and further prejudicial him fully knowing there is no case,” he added.
Warara said the prosecutor must call the person who gave them instructions to withdraw the consent to come and testify in court why he is reversing his consent.
Munyaradzi was arrested at the heat of prominent people’s arrest over land issues and some of his cases were quashed by the High Court and his arrest were seen as a vindictive arrest.
