The Herald (Harare)

Zimbabwe: Mutanda's Swindling Case to Be Indicted to the High Court

The Attorney General's Office intends to indict CAPS Holdings chairman Fredrick Mutanda accused of swindling the pharmaceutical firm of more than US$25 billion, for trial at the High Court. Mutanda is jointly charged with Justice Majaka.

Prosecutor Mr Michael Reza last week informed the court of the new development after receiving a letter from the AG's office which he availed.

Part of the letter which was signed by Mr Chris Mutangadura read: "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 . . . "

Mr Reza applied to have the matter remanded to January 31 pending indictment for trial at the High Court.

However, the defence team, Ms Linda Chipato who is representing Mutanda and Mr Raphael Tsivama, who is appearing on behalf of Majaka, applied for refusal of further remand arguing that their clients had been on remand for a long time.

Ms Chipato told the court that the docket was supposed to have been completed last year.

"The accused person is opposed to the postponement of this matter because the docket was supposed to have been completed in December last year and the AG knew about this.

"If he wanted to indict the accused persons in the High Court, he should have done it as far back as 2011," she said.

She said there is no reason they should remain on remand.

Mr Tsivama told the court that he was associating his client with what had been said by Ms Chipato.

"The letter presented is not sufficient for purposes of indictment.

"It is just an intention of what the AG wants to do at some point in time," she said.

"It does not say when the trial is supposed to start at the High Court."

Magistrate Ms Anita Tshuma remanded the matter to Monday when Mr Reza is expected to respond.

It is alleged that Mutanda and Majaka took 50 dossiers of critical drugs manufactured by the pharmaceutical firm before registering them in Europe under the name CAPS International.

Mutanda refutes the allegations.

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