FORMER Chitungwiza town clerk Godfrey Tanyanyiwa, accused of defrauding council of US$700 000, has said one of the charges must be dropped because only the late council financial director Mr Joshua Munyepa was privy to its details.
He said if Mr Munyepa was alive he could explain why he gave him funds meant to service Nyatsime stands for the acquisition of his home in Chisipite.
Mr Munyepa allegedly gave Tanyanyiwa US$80 000 meant to service stands to buy his US$160 000 home in Chisipite on his instructions.
Tanyanyiwa's trial opened yesterday before regional magistrate Mr Hosea Mujaya, with him denying all the charges.
In his defence outline, Tanyanyiwa denied misrepresenting or instructing the late finance director Joshua Munyepa or chamber secretary Omega Mugumbate that the US$80 000 be paid to Floburg Real Estate. He says he wrote an internal memorandum to the late finance director applying for a loan of US$80 000 for the purposes of making part payment of his house in Chisipite.
Tanyanyiwa denied instructing anyone to write that the money was for council business. Joshua Munyepa (deceased) was the head of finance department, who by virtue of that post, was the custodian of all the money and knew how council money was to be used," submitted Tanyanyiwa's lawyer Mr Admire Rubaya.
"It was impossible for the accused to instruct the deceased to transfer money relating to Nyatsime stands to Floburg.
"Thus the only person who could explain why he wrote 'servicing of Nyatsime Stands' instead of that it was the accused's housing loan is the now deceased, Joshua Munyepa, without whom the State's case should suffer a natural death."