$60k fraud Min gets Con-Court reprieve

via $60k fraud Min gets Con-Court reprieve – New Zimbabwe 25/11/2015

THE HIGH Court on Wednesday granted Mashonaland Central provincial minister Martin Dinha, 53, a chance to have his case heard before the Constitutional Court.

Dinha is charged with allegedly extorting $60,000 from a white commercial farmer as protection fee against eviction.

The minister is also facing bribery and money laundering charges and is out of custody on $1,000 bail.

Dinha sought an order to refer his case to the Constitutional Court on the basis that his rights to a fair trial had been infringed upon.

This was after High Court judge, Happias Zhou, ordered that the trial goes ahead without the de-classification of certain state secrets required by Dinha to use in his defence.

Through his lawyer, Advocate Thabani Mpofu who is being instructed by Tapson Dzvetero of Antonio and Dzvetero Legal Practitioners, Dinha argued that his right to access to information had not been respected.

Advocate Mpofu said referral of the matter to the Constitutional Court would not affect the proceedings of the trial.

“The court is possessed of the jurisdiction to make the referral. I submit that the determination made by the High Court is not final and definitive in the context of the trial.

“It closes the chapter on the issue of the dockets but not on the issue of the trial,” he said.

Justice Zhou granted the relief to have the matter referred to the Constitutional Court and suspended the trial for now.
He said the application was not frivolous and vexatious and deserved the right to be heard by the highest Court.

The state alleges that sometime between 2012 and 2013, Centenary farmer Guy Frank Dollar clashed with newly-resettled farmers who had been allocated A2 plots at his farm.

Zanu PF administrator for Muzarabani district, Saineti Madzamba, later informed Dinha about the incident.

It is further alleged that Dinha then advised Madzamba that Dollar was supposed to pay a $60,000 security fee in order for him to retain his farm.

Because of the illegitimate pressure exerted upon him, the State alleges Dollar sourced for the money which was later paid to Dinha on March 28, 2013.

On the day in question, Madzamba was driven to Dinha’s house in Bindura by Dollar’s employee, one Shelton Chiparausha Chinyere, to hand over the alleged bribe.

When they got to Dinha’s house they were allegedly told that the minister had since gone to China.

Dollar later rang Dinha over the phone who then allegedly instructed him to hand over the money to one Tsitsi Nyika.

On the same day, the State alleges, Dinha’s wife phoned Nyika and instructed her to deposit $40,000 into Dinha’s POSB account.

On April 17 of the same year, upon his return, Dinha made a transfer of $30,000 into his other POSB account.

The State further alleges, on various occasions between April 2013 and July 15 this year, Dinha made several withdrawals, leaving a balance of $1,012.

In his statement to the police, Dollar claims he later personally met Dinha who thanked him for the money.

Dinha allegedly claimed to have sent the money to “a higher authority”.