A bid for freedom by Harare businessman Genius Kadungure, who is accused of swindling two businessmen of more than R1,5 million, yesterday hit a brick wall after his application for refusal of further remand was dismissed.
Kadungure is accused of swindling Zanu-PF MP for Chegutu West Cde Dexter Nduna, who is the managing director of Badon Enterprises (Pvt) Ltd; and a Kadoma-based miner only identified as Gatawa of R1 581 890.
Through his lawyer, Mr Tafadzwa Hungwe, Kadungure had made the application arguing that he had been on remand for a long time without going to trial.
Mr Hungwe said: âYour worship my client was placed on remand on May 24 last year and nine months have elapsed and in those nine months he has been remanded for 14 times. The State cannot justify a further remand. He has never absconded court and has never violated his bail conditions,â he said.
He added that the Stateâs reasons for a further remand were baseless and inconsistent.
âThe issue of cabinet authority was never communicated to us, we are just hearing it now in court. We doubt the genuineness of that submission. If indeed the cabinet authority was there, it should be in the docket which is here but surprisingly it is not there. The court should ignore those baseless submissions which are not supported,â he said
The prosecutor, Miss Sharon Mashavira, had sought for a postponement of the matter to a later date arguing that there were some extra-territorial investigations which needed to be conducted in Botswana.
âYour worship we now have the docket but could not pick a trial date since we are still waiting for cabinet authority for the trip to Botswana for extra-territorial investigations,â she said.
She added, âThe extra-territorial investigations in South Africa are complete and we are now left with those to be conducted in Botswana. In fact the cabinet authority is already in place and the travel dates have since been set.â
In his ruling magistrate Mr Serima said; âDue to the complexity and nature of the charges that accused person is facing, the State cannot be said to have been delaying in providing accused with his trial date. Therefore the State should be given another chance,â he said
Kadungure was further remanded to February 26 this year.
It is alleged that sometime in November 2012, Kadungure â in connivance with unknown accomplices â created a fictitious company named Transco Civil Engineering purportedly based in South Africa and opened an account for it with ABSA.
He allegedly created an e-mail account under the name email@example.com, pretending to be a legitimate representative of Marange Resources.
Kadungure then misrepresented himself as the chief buyer for Marange Resources looking for mining pumps at competitive prices.
On December 4, Gatawa sent his brother Enock to South Africa to buy the pumps from the fictitious company.
He paid R1 046 890 and was told by Transco Civil Engineering âofficialsâ to go back to Zimbabwe and check for his parcel with DHL in three daysâ time.
He was shocked to receive a parcel of cellphone chargers, at which point he realised that he had been duped, the court heard.
Cde Nduna was also duped by Kadungure in the same manner.