CAPS boss says state not ready for trial

HARARE - CAPS Holdings boss Frederick Mtandah who is facing charges of swindling the pharmaceutical firm of more than $25 million has applied to be freed by the court, claiming the state is not ready for trial.

His lawyer Linda Chipato yesterday told the court that the state was free to summon Mtandah whenever they were ready for trial.

“The reasons proffered by the state as the reason of failing to furnish us with an exact trial date is indicative of the fact that the state is not ready,” said Chipato.

Mtandah is jointly charged with Justice Majaka, who is represented by Raphael Tsivama.

Prosecutor Michael Reza had applied to have the matter remanded to January 31 pending indictment for trial at the High Court, after availing a letter from the Attorney General’s (AG) office.

“Kindly advise the court that upon reading the docket in this matter, the AG has decided to bring the accused person for trial before the High Court of Zimbabwe and indictment papers will be served,” reads part of the letter.

The two lawyers made an application for refusal of further remand arguing their clients had been on remand for a long time.

They told the court that the letter was an “inter-office document”, and was not an indictment.

However, prosecutor Reza said everything that had been applied for by the defence team was available and “the ball was in their court” to meet with Chris Mutangadura from the AG’s office and set the dates for indictment.

Magistrate Anita Tshuma is expected to make a ruling on the application on December 5. - Irvine Zhakata

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