THE trial of Core Mining director Lovemore Kurotwi and former Zimbabwe Mining Development Corporation (ZMDC) chief executive officer Dominic Mubaiwa, accused of prejudicing the government of $2 billion, failed to resume last Friday as the State counsel Chris Mutangadura was said to be out of the country on urgent official business.
REPORT BY CHARLES LAITON SENIOR COURT REPORTER
The three-year-long trial was adjourned last November when the High Court closed its third term. It had been expected to proceed last week.
But prosecutor Public Mpofu said the trial could not resume in the absence of Mutangadura.
“The matter has been postponed to February 18 since Mutangadura is out of the country on urgent State business,” he said.
“We had intended to continue with the matter next week, but the defence team indicated they have other commitments. As a result we settled for that date.”
However, Kurotwi’s lawyer Beatrice Mtetwa was not happy with the postponement and accused the State of deliberately dragging its feet.
“I do not understand why Mutangadura decided to go out of the country well knowing he had a trial to attend to,” she said.
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“The State is deliberately dragging its feet, but accused persons who are presumed innocent until proven guilty, have been living in limbo. It is like the State is not serious at all.”
Former ZMDC chairperson Gloria Mawarire and board member Ashton Ndlovu were available to give evidence as State witnesses.
Mtetwa had since approached the president of the Law Society of Zimbabwe seeking an appointment of an arbitrator in the matter, which the defence argued was purely civil.
Mtetwa said the agreement between Core Mining and Marange Resources stated that no other board or institution would preside over a breach of the contract except an arbitrator appointed by the Law Society.
ZMDC represented Marange Resources and entered into a joint diamond mining project with Core Mining to form Canadile Miners after signing an agreement that was ratified by Mines minister Obert Mpofu and the Attorney-General’s Office.
