The prosecution yesterday said the CAPS Holdings chairman Fredrick Mutanda accused of swindling the pharmaceutical firm of more than US$25 million should remain in custody pending indictment for trial at the High Court.
Mutanda is jointly charged with Justice Majaka.
Prosecutor Mr Michael Reza told the court that he was against the defence requests for refusal of further remand.
The defence is seeking a refusal of further remand arguing that Mutanda and Majaka had been on remand for a long time.
According to the defence the continued remand of the duo was violation of their rights to the protection of the law and liberty guaranteed under section 18 (2) of the constitution.
But Mr Reza opposed the application on the ground that the duo's trial will start in due course at the High Court.
He said the State was ready to proceed to trial.
"The two accused persons should remain on remand up to January 31 next year while the AG facilitates indictment at the High Court," said Mr Reza.
Magistrate Ms Anita Tshuma deferred the matter to December 5 for ruling.
Charges against Mutanda and Majaka arose after they took 50 dossiers of critical drugs manufactured by the pharmaceutical and registered them in Europe under the name CAPS International.
Mutanda and Majaka refute the allegations. Ms Linda Chipato of Linda Chipato and Company is acting for Mutanda while Mr Raphael Tsivama of Sawyer and Mkushi is representing Majaka.