BY DESMOND CHINGARANDE FRESH details have emerged in a case where acting Prosecutor-General Nelson Mutsonziwa is accused of destroying a docket in a fraud case linked to his “close links”.
Last week, Mutsonziwa was given an ultimatum by local businessman Chemist Siziba to avail the missing docket pertaining to a case where he had reported fellow businessman Craig John William Danckwerts for alleged fraud involving the sale of a 300-hectare piece of land.
Siziba alleged that Danckwerts went behind his back and filed new documents at the Registrar of Companies offices purporting to be still the owner of the land.
The docket has been missing since 2014.
Siziba then wrote to the Zimbabwe Anti-Corruption Commission, the President’s Office, and the Speaker of the National Assembly Jacob Mudenda complaining about Mutsonziwa’s conduct.
A new docket was quickly prepared and brought before the Harare Magistrates’ Court for prosecution last Wednesday, but it was turned back.
Sources told NewsDay that the docket had a 2021 CR number, while the original docket was opened in 2014.
This week, Siziba wrote another letter to Mutsonziwa requesting the missing documentary evidence from the docket.
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“I am the complainant in the matter of State versus Danckwerts. I have previously written to you on May 26, and June 2, 2022 and you have not responded to any of my letters,” Siziba wrote.
“It has come to my attention that your office transmitted the above docket to Rotten Row Magistrates Court for prosecution after having previously declined to prosecute it. I am also aware that crucial evidence against the accused is missing from the docket so transmitted.”
He also said proof of payment of $11 million to ZimBank, and Atherstone and Cook Legal Practitioners and to the agents was also missing, adding that there were various attempts to stop him from proceeding with the case.
“I am advised that the docket strangely found its way directly to your office outside the usual procedure, which is that it ought to have been brought to your officers stationed at Harare Magistrates (Criminal) Courts for the usual/ordinary processes,” Siziba wrote.
He said failure to account for the docket for eight years was inconsistent with the duties of a public officer.
The businessman now seeks authority for private prosecution on the matter.
Mutsonziwa was the Deputy Public Prosecutor during the reign of former PG Johannes Tomana when he allegedly requested the docket in 2014.
The State alleges that sometime in December 1998, Siziba, through his firm Hawkhope Investments purchased the entire share capital of Danckwerts’ two firms trading as Nyland Enterprises and Great-Insight Investments.
Allegations are that on August 25, 1999, Danckwerts, together with one Paul Rijk Peacey, resigned as directors of the two firms.
Siziba together with Margret Siziba and Bernadette Sekai Veteranwa assumed control of the two firms.
Police investigations then revealed that Danckwerts had submitted fraudulent documents between February 2011 and May 2012 purporting to be a director of the two firms.Follow Desmond on Twitter @DChingarande1