A HARARE man who is accused of fraud yesterday filed an application for his case to be referred to the Constitutional Court, saying the State broke the immunity bestowed on him after becoming a State witness.
BY DESMOND CHINGARANDE
Delish Nguwaya, who appeared before magistrate Themba Kuwanda, is being charged together with Zano Vengai, Clever Gadzikwa and Mbereki Mbizo Nyathi and is represented by Jonathan Samukange of Venturas and Samukange Attorneys.
Nguwaya submitted to the court that his constitutional right to protection from self-incrimination had been infringed and as a result he would not receive a fair trial.
He further submitted that he supplied privileged and classified information to his handlers which is used for counter-intelligence by the State.
Nguwaya’s affidavit is alleged to have contained self-incriminating evidence which was extracted from him in the course of his duties as informant.
“Prior to the accused disclosing the information, a formal meeting was held with Mr Gweshe from the Central Intelligence Organisation (CIO), together with Superintendent Viera from the Zimbabwe Republic Police where the accused was assured that if he gave the information, he would be indemnified,” part of the submissions read.
The lawyers said Nguwaya disclosed the information on the assurance and genuine belief that he would be immune from prosecution arising from the information supplied.
Samukange further said the State erred in arresting Nguwaya on the basis of self-incriminating evidence he gave when he believed he was a State witness who was immune from prosecution.
He further said Nguwaya would give evidence under oath to show that he was tricked into supplying incriminating evidence and he would also lead evidence from Admire Rubaya, a legal practitioner, and Gweshe, who would support his assertion as they were privy to the arrangements.
Nguwaya, Vengayi, Gadzikwa and Nyathi are being accused of defrauding a Chinese businessman of $19 990 after they allegedly misrepresented to him that they were State agents comprising of Zimbabwe Revenue Authority, Criminal Investigation Department and CIO officers and were on a sanctioned operation to see if they were complying with Zimbabwe’s investment operation requirements.
The oral submissions and cross-examination of Nguwaya is slated for May 18 and 19 respectively.
Michael Reza is appearing for the State.