A RECORD 22 000 witnesses are yet to have their statements recorded in the $6 million fraud case involving businessman-cum musician Energy Mutodi, who last Friday filed an application for refusal of further remand arguing that the State had failed to bring him to trial within a reasonable time.
In his application, Mutodi, who is being charged for swindling thousands of homeseekers through his National Housing Development Trust, said police detectives investigating his matter had assured him that the trial was supposed to start in October last year.
“In August last year, the police indicated the trial would be ready by October last year, however, as the record will show, on my last appearance (before the court) the State sought further postponement on the basis that investigations were yet to be completed since the investigating officer wanted to record statements from 22 000 witnesses,” Mutodi’s lawyers said in the affidavit attached to the application.
“It is respectfully submitted that applicant’s continued remand is a gross travesty of justice. Not only is the State case against applicant wishy-washy and sloppy to an extent that the allegations do not establish reasonable suspicion that applicant committed the crime of fraud, but clearly the State’s house is in sixes and sevens. Accordingly, even if it were to be held that there is reasonable suspicion that applicant committed an offence his continued remand would not meet the ends of justice.”
Mutodi further submitted that he had paid an amount to the tune of $5 million to the sellers of the lands.
He also argued that even if the court was to decide that he is justifiably on remand, his right to a fair trial he said, had been violated in terms of the Constitution and urged the court to refuse further remand.
The matter was set down for hearing on February 4.