Source: The Herald – Breaking news.
Prosper Dembedza, Herald Correspondent
The State yesterday withdrew charges before a plea against former Agricultural and Rural Development Authority (Arda) chairman Basil Nyabadza, who is facing allegations of defrauding Mr Blessed Geza of US$1 362 000 in a land deal.
Prosecutor Mr Anesu Chirenje told the court that he would summon back Nyabadza to court when Geza avails himself.
Nyabadza opposed the withdrawal, saying charges should be read to him and the trial should open.
However, the new magistrate Mr Donald Ndirowei, who took over from Ms Tilda Mazhande after she recused herself in the morning concurred with the State and withdrew the charges before the plea.
The difference is that a withdrawal before plea allows the evidence available to be reused in a subsequent trial, while a withdrawal after plea means an automatic acquittal and the evidence that was to be presented cannot be used again.
Last week, Ms Mazhande put the State on notice that she would remove Nyabadza from remand yesterday if the complainant, Mr Geza, failed to appear in court.
However, Ms Mazhande went on to recuse herself from the matter, citing personal reasons.
It is the State’s case that Mr Geza bought 42,3504 hectares from Nyabadza for US$1 362 000 on October 29, 2020.
The court heard that Mr Geza was granted sole authority to subdivide, develop, and sell the land. When the agreement of sale was done, Nyabadza allegedly misrepresented to Mr Geza that the land had title deeds which he would hand over in a month. However, he failed to deliver.
It is alleged that while Mr Geza was in the process of obtaining subdivision permits for the land from the Department of Physical Planning in Mashonaland West, he discovered that Nyabadza had allegedly sold the same land to Velda Estates.
The court heard that Mr Geza engaged Nyabadza hoping for an amicable solution, only to discover that his agreement of sale had been cancelled without his knowledge.
The matter was reported to the police, leading to Nyabadza being summoned to the courts. Mr Geza was prejudiced of US$1 362 000 and nothing was recovered.