Bredenkamp ruling today

HARARE - High Court judge Felistas Chatukuta will today make a ruling on an application for discharge by controversial businessman John Bredenkamp — accused of a $4,2 million fraud.

Through his lawyer Eric Matinenga, the 73-year-old man had applied for discharge after the state closed its case, arguing that prosecutors had failed to establish a case against him.

“The State has not established a prima facie case,” Matinenga said.

“Consequently, I am constrained to apply for discharge at the close of the state’s case. There is no evidence to prove an essential element.

“A criminal court cannot be used to recover debt.”

Earlier on, a state witness Luxon Mukazhi had told justice Chatukuta that the businessman could not be brought to court in 2009 because allegations had been raised that Bredenkamp had borrowed some money and used it in the Zimbabwean army operations in the Democratic Republic of Congo (DRC).

“You said this matter could not be pursued because of national or public interest. What was this public interest?” Matinenga asked.

Mukazhi replied:  “The public interest in this matter is that the money advanced to accused was said to have been used by the army in the DRC. That factor brings public interest.”

Matinenga asked if there was anything unusual about Bredenkamp entering into an agreement to provide goods and services, to which Mukazhi said nothing was amiss.

“The police and the Attorney General’s office agreed that it was a matter of public interest, because the money is alleged to have serviced our forces and bringing the matter to court would not serve any purpose,” Mukazhi said.

Matinenga said, “The case is a sad reflection of how a person can twist the arm of the state to recover a civil debt through a malicious prosecution.”

The state said it had managed to prove its case. 

The 73-year-old businessman denied the allegations, claiming they are malicious and civil in nature.

Comments (1)

ADVICE: Do something for yourself, for your beloved family. Don't waste your time talking politics while others are enjoying their lives with money without talking sports or politics. See how this Zimbabwean poor woman became a millionaire just by buying and selling accident cars. Very interesting. Go to (ACCIDENTEDCARS.COM), to see the methods and companies she was using to do that (ACCIDENTEDCARS.COM), it is a very simple idea but a very powerful One, Wake up Africans

Vada - 12 September 2013

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