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State, lawyer trade accusations in PHD botched car deal trial

News
THE trial of Upenyu Mashangwa and four others on charges of defrauding Prophetic Healing and Deliverancies (PHD) Ministries leader Walter Magaya turned emotional yesterday after State and defence lawyers accused each other of unprofessional and unethical conduct by granting media interviews before finalisation of the matter.

THE trial of Upenyu Mashangwa and four others on charges of defrauding Prophetic Healing and Deliverancies (PHD) Ministries leader Walter Magaya turned emotional yesterday after State and defence lawyers accused each other of unprofessional and unethical conduct by granting media interviews before finalisation of the matter.

by PAIDAMOYO MUZULU

Mashangwa is jointly charged with Cosmas Mushininga, Kudakwashe Larry Mapfumo and Clifford Tinashe Gonde for defrauding the church in a botched deal to import a Land Rover Discovery 4 from South Africa or alternatively smuggling and failure to pay duty for the vehicle.

Prosecutor Larry Gono made an application to the court to censure defence lawyer Dumisani Mthombeni for granting an interview to ZBC-TV that was aired on Sunday evening in which he was quoted as confirming that the voice of a man in the audio clip was that of Magaya, thus interfering with the investigations of the case.

PHD ministries leader Walter Magaya
PHD ministries leader Walter Magaya

“As a court official, Mthombeni was not supposed to comment on the case as it is sub judice (under trial),” he added.

However, in his defence, Mtombeni argued that Gono was “parroting what he had been coached to say by a third party” since he had not raised the matter in court earlier.

“On whose (State) instructions are they acting? It raises a bad stench that they are not representing their office. They should have raised these allegations in the morning,” Mthombeni said.

He added: “I demand an apology from both Gono and Murombedzi forthwith and this application has no merit, but is mischievous. It is meant to please someone.”

Presiding magistrate Noel Mupeiwa then ordered the lawyers to resolve their differences outside the courtroom.

Earlier on, CMED official Norman Moyo had told the court that the Form AC54 (Sale Advice) that was used in the alleged purchase of the Land Rover Discovery 4 was not genuine as it showed the car as a PL (Passenger Light) 047 when the car is actually recorded in CMED books as PR (Passenger Rover).

Moyo, however, did not link any of the four accused with the production of the fake document.

Zimra official Thembinkosi Ndlovu told the court he knew Mapfumo and Gonde among the accused as they once worked together at the revenue authority.

The trial continues today.