Former Public Services minister Prisca Mupfumira has been removed from remand in a matter she was accused of using US$90 000 state funds to fly her subordinates to South Africa for her daughter's wedding.
Mupfumira was jointly charged with her former secretary Ngoni Masoka.
The two were facing allegations of abuse of duty as a public officer and corruptly concealing a transaction involving a US$90 000 loan application from NSSA for the purchase of a supposed ministerial vehicle and not disclosing it to the office of the President and Cabinet.
Mupfumira was also accused of instructing the finance director in the Ministry to facilitate the payment of air tickets for her aides to attend her daughter's wedding in South Africa and facilitating the payment of accommodation and transport which prejudiced the ministry of US$10 215 and ZAR113 539.
Their freedom follows the State's failure to put her on a fresh trial.
Her prosecution had come to a halt and was ordered to restart following the elevation of the then chief magistrate Munamato Mutevedzi to Judge of the High Court.
The presiding magistrate Marewanazvo Gofa ruled that there was no justification to keep the two on remand when it was clear that the State was not ready.
Admire Rubaya, representing Mupfumira successfully applied for refusal of further remand.
This means Mupfumira is now free with no pending criminal case before any court.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
In court, Rubaya said they gave the State a long rope and the application came after several petitions and a number of notices against the State for a motion for refusal of further remand to be instituted.
He argued that failure to prosecute his client was a violation of her rights.
"The application is motivated by the fact that the accused person has been prejudiced for a long period by the state through its failure to have this matter set down for trial," the application reads.
"The actual prejudice has reached to affect her day-to-day life including her national duties that have been designated to her as a member of the Senate.
"The prejudice has also affected her to the extent that her name remains tarnished in the social domain and her right to be heard within a reasonable time has been outrightly infringed," Rubaya submitted.
The State argued that the delay was caused by the COVID-19 period which resulted in lockdowns.
Prosecutors also blamed the delay on the elevation of Mutevedzi.
The court said the two could not be prejudiced because the magistrate was elevated to judge and that it was in the interest of justice to remove them from remand.
