THE National Prosecuting Authority (NPA) has consented to the application by a Chinese businessman, Zhou Haixi, who is seeking review of his criminal trial proceedings involving a $10 million mine, after a Chinhoyi regional magistrate dismissed his application for discharge at the close of the State case.
BY CHARLES LAITON
Through his lawyers, Rubaya and Chatambudza Legal Practitioners, Haixi, who is being accused of fraudulently taking over operations of Eldorado Mine in Chinhoyi, filed a court application seeking a review of the proceedings and Justice Lavender Makoni ruled in his favour on Wednesday this week.
In its response to Haixi’s application the NPA urged Justice Makoni to grant the businessman leave to have his matter looked at by the High Court judges, saying his issue was similar to that of his co-accused, Tafirenyika Kambarami, who was acquitted by the High Court after the magistrate had also dismissed his application for discharge.
“The applicant’s (Haixi) co-accused Tafirenyika Kambarami filed a similar application before this honourable court, which application was granted by honourable Mafusire J on May 31, 2016. The applicant’s case is not in any way distinguishable from that of Kambarami and the second respondent (NPA) has no sound grounds to oppose the application,” NPA said.
In the application Haixi’s lawyers said: “The first respondent’s (regional magistrate, Never Katiyo) decision to put the applicant (Haixi) to his defence is so outrageous in its defiance of logic that no sensible person having applied his mind would arrive at.
“The first respondent is unproceduraly seeking to facilitate the State to bolster its otherwise very weak case through the defence evidence. This is clearly unattainable at law because no onus lies on an accused person to assist second respondent to prove his guilty.”
The lawyers added: “The first respondent has irregularly reversed the onus of proof in a criminal trial by seeking the applicant to prove his innocence. Such improper shifting of the onus of proof is a clear violation of the presumption of innocence. The first respondent’s decision to place applicant to his defence on an offence, whose essential elements have not been prima facie established is contrary to the law.”
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
Haixi’s application was dismissed by Katiyo after prosecutor, Herald Matura, urged the court to put the he two businessmen on their defence, saying both men, were guilty of defrauding Chen Shaoliang and his daughter Chen Xiandong of the gold mine.
