Source: Fidelity Printers boss’ High Court bid fails | The Herald December 1, 2016
Court Reporter—
A bid by Fidelity Printers and Refiners boss to stall proceedings in a case in which he is facing $800 000 fraud, hit a brick wall on Monday. The application was dismissed by a Harare magistrate for lack of merit.Ronald Madhara (48), the company’s accountant, is jointly charged with senior finance manager Tinashe Mumbengegwi (35), Swisspack Enterprises (Pvt) Ltd and its owner James Munemo (35).
They allegedly defrauded the country’s sole gold buyer of nearly $800 000 through underhand dealings.
They reportedly transferred $780 565 from their employers account to Munemo’s bank account.
They lied that Munemo had supplied gold to Fidelity Printers and Refiners and Munemo would withdraw the money.
They would then share the loot.
Chief operating officer and finance director Godknows Hofisi (42) and company secretary Terence Machawira (42) were acquitted at the close of the State case by magistrate Mr Noel Mupeiwa.
Through his lawyer Mr Gift Nyandoro, Madhara made an application for temporary stay of proceedings.
While giving evidence-in-chief in his defence, Madhara asked for proceedings to be stopped to allow him to approach the High Court.
The prosecutor Mr Michael Reza opposed the application on the basis that there were no compelling reasons why the proceedings should be stopped.
“Your Worship there is nothing from a superior court ordering the temporary stay of these proceedings,” Mr Reza said.
Mr Mupeiwa dismissed the application for lack of merit.
He remanded the case to December 8 for trial continuation. He said the defence did not cite any case law or section of any statute to support the application.
Messrs Oliver Marwa and Muyengwa Motsi, who are representing Munemo and Mumbengegwi, distanced themselves from Nyandoro’s application.
They then notified the court of their intentions to apply for separation of trials in the event that the matter fails to continue on December 8.
During the period extending from October 2013 to September last year, Mumbengegwi and Madhara, who are the signatories to Fidelity Printers and Refiners bank account held at Stanbic, allegedly transferred $579 042 from their employer’s account into Swisspack Enterprises (Pvt) Ltd bank account, also held at Stanbic.
It is further alleged that between December last year and April this year, a further $201 518 was again transferred into Swisspack Enterprises (Pvt) Ltd.
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