via Lawyer says Mbada Diamonds employees have no case to answer | The Zimbabwean 10 July 2014 by Clayton Masekesa
The lawyer representing seven Mbada Diamonds employees facing charges of unlawfully dealing with diamonds has told Mutare magistrate Sekai Chiundura that the State had no basis to continue retaining his clients on remand as they had no case to answer.
In his submissions today at the Mutare magistrate court, Trust Maanda, said since his clients were arrested, no warned and cautioned statements were recorded from them.
He added that his clients were later tortured by police to implicate Mutare businessman and diamond tycoon Mudassar Khan and made to sign affidavits under duress.
The suspects, Tendai Gwazaza, Temba Mvalo, Hardlife Kuudzehwe, Simbarashe Gondo, Talkmore Chigeza and Innocent Tsindi were picked up by police last month for allegedly conniving with Khan to steal diamonds from their employer.
Khan is facing 12 counts of unlawful dealing in or possession of precious stones prohibited as defined in Section 3(1) (a) of the Precious Stones and Trade Act, Chapter 21.06.
Maanda also told the court that his clients were advised that they will be witnesses against Khan, but after they sued Home Affairs minister Kembo Mohadi, Police Commissioner General Augustine Chihuri and other top police officers for alleged torture, they were then taken as accused persons and jointly charged with Khan.
The suspects today claimed that the charges were trumped up after they allegedly refused to co-operate with the State in nailing Khan.
They have since applied for refusal of further remand after the State indicated that it was not yet ready for trial.
The matter is now set for trial on July 23 this year.
Meanwhile, Khan heaved a sigh of relief after the court ordered the release of his Indian passport, which was held as part of his bail conditions.
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