The trial for Nyanga West legislator, Supa Mandiwanzira has yet again failed to start as the State indicates that it has no necessary documents which are believed to be the foundation on which their allegations against the former ICT minister is based.
The State led by Tapiwa Godzi said they are not in possession of the required documents which include tender documents relating to the contract between NetOne and Huawei relating to the supply of network expansion and modernisation, Government procurement procedure which clearly show how Mandiwanzira breached it, among other documents.
Advocate Thembinkosi Magwaliba made a demand for a series of documents which he said were necessary for Mandiwanzira to prepare his Defence case.
“We are requesting for further particulars to be issued and these can be issued before or during trial and since we have made an application for them before trial commences, they should therefore be given to us before we go to trial.
“These documents that we are needing from the State directly link to the charges being faced by our client and they were raised in the State’s case against him sol it should be easy for them to give them to us,” said Magwaliba.
Mandiwanzira is also demanding for title deeds for Megawatt as well as proof of ownership of the said company to support allegations that he is a shareholder in that company.
In response, Godzi from the President’s special prosecuting unit blasted the defence, accusing them of trying to evade trial by requesting documents that are not relevant to the matter at hand.
“The papers that are being asked for by the defence are not relevant for trial and we are not in possession of them hence we cannot give them to anyone. Let it be put on record that they are purposefully stalling on trial by making unnecessary demands as a mechanism of trying to evade trial. These lawyers should know that this is a trial court not a remand court and we do not come here to further remand matters. It surely seems as if defence councils have all of a sudden become postponement lawyers.”
This trial also failed to commence last week after the State furnished the defence with State papers minutes before the trial was expected to commence.
Harare magistrate Francis Mapfumo adjourned the matter to 21 December 2018 for ruling in the matter.
Mandiwanzira is currently out on $2 000 couple with stringent conditions to ensure that he stands trial.