via Mubaiwa, Kurotwi seek discharge | The Herald 7 November 2014 by Daniel Nemukuyu
Former Zimbabwe Mining Development Corporation chief executive Dominic Mubaiwa and Core Mining director Lovemore Kurotwi accused of defrauding the Government of $2 billion, yesterday gave notice for their intention to apply for discharge at the close of the State’s case.
The two are being accused of misrepresenting facts to the Government resulting in Marange Resources partnering Core Mining, an undeserving company, to form Canadile Miners for the purposes of extracting diamonds at Chiadzwa.
It is the prosecution’s case that the duo misrepresented that Core Mining was a special purpose vehicle of a renowned international mining giant BSGR.
Government, according to the State, blindly partnered Core Mining before discovering that it had nothing to do with BSGR and that it did not have the capacity to fund the project.
To that end, the State argued that it suffered prejudice to the tune of $2 billion.
Kurotwi’s lawyer Mrs Beatrice Mtetwa said she will file her written submissions by December 4 this year.
Advocate Uriri, who was representing Mubaiwa together with Adv Webster Chinamora, told the court that they will file their papers by December 11.
Chief Law officer Chris Mutangadura, will file the State’s response by January 6 next year before Justice Chinembiri Bhunu delivers a ruling based on the written submissions.
The notice was given yesterday after Mr Mutangadura closed the prosecution’s case when defence lawyers ended their two month-long grill on Transport and Infrastructural Development Minister Dr Obert Mpofu.
Minister Mpofu yesterday refused to answer more than 10 consecutive questions that were being put to him by Kurotwi’s lawyer.
His answers to the questions were, “I cannot comment on that” or “No comment” throughout the session.
At one point, Justice Bhunu intervened to maintain order when Minister Mpofu was responding to Mrs Mtetwa’s questions through other questions.
If the duo’s application for discharge succeeds, they will be acquitted before their defence case is heard.
But if Justice Bhunu throws out the application, the two will be put to their defence.
The trial has proved to be one of the longest drawn cases as it took the State over two years to end its case.
Minister Mpofu has been on the witness stand since September and he was finally set free after his cross-examination by the defence team.
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