The trial of Caps Holdings boss, Fredrick Mtandah and his accomplice Justice Majaka, accused of defrauding the pharmaceutical firm of $25 million is yet to begin, two months after the High Court ordered the matter to be heard by a different magistrate.
Mtandah’s trial has had twists and turns amid a plethora of applications by both the State and the defence after the magistrate who had started presiding over the case, Kudakwashe Jarabini, recused himself.
Jarabini threw in the towel before delivering ruling, after Mtandah and Majaka filed an application for refusal of further remand, arguing accusations traded between the State and the defence had affected him.
The court record was then referred to the High Court for quashing of the proceedings and a trial denovo (afresh) and an investigation into the circumstances surrounding the magistrate’s recusal was ordered.
Mtandah and Majaka last Friday appeared at the Harare Magistrates Court where the case was set to be heard before a different magistrate, but the matter was further postponed to November 22 this year.
According to the prosecution office, prosecutor Obi Mabahwana, who initially represented the State, has since left the office of the Attorney-General and the case was now set to be prosecuted by Oliver Marwa.
It is not yet clear as to who was set to preside over the matter as the State was yet to allocate the docket to a specific courtroom.
Mtandah, who is represented by Linda Chipato, was arrested last year in November and charged with fraud.
It is alleged Mtandah and Majaka applied for deregistration of 50 drug formulas from Caps Holdings and subsequently registered them under Caps International, an allegation they denied.