LAND DEVELOPER CANCELS ARREST WARRANT
. . . threatens to sue prosecutor in court
TOP land developer, Felix Munyaradzi, was in court yesterday to cancel an arrest warrant that was issued against him.
It was issued after he failed to appear in court as scheduled.
He opposed the State’s application to place him on remand and threatened to sue if the State went ahead with the case.
Munyaradzi appeared before Harare magistrate, Simon Kandiero, yesterday.
He was represented by Harare lawyer Charles Warara.
Warara told the court Munyaradzi didn’t appear in court on October 29 last year because two weeks earlier, the High Court had set aside Magistrate Vongai Muchuchuti-Guwuriro’s decision to place him on remand.
“When the magistrate’s ruling was reviewed and set aside by the High Court, from that day, my client was not on remand by operation of law.
“So, he couldn’t be in default on 29 October, in respect of this matter as there was nothing before the court for which he would appear.
“The warrant, consequently issued, is invalid because it is presumed that Munyaradzi was supposed to be on remand on the date on which that warrant was issued.
“Clearly, that is contrary to the order of the High Court since the basis had been removed by the High Court hence no warrant of arrest against him can be issued and it was issued in error.
“To say there’s a valid warrant, or default inquiry, would be to suggest that the High Court decision would be of no force.”
The State, represented by Prosper Chonzi, confirmed the position highlighted by Warara and consented to the cancellation of the warrant.
Chonzi went on to apply that Munyaradzi be placed on remand because, in the last appearance, the complainant, Police Commissioner Erasmus Makodza, was present and the State was ready to prosecute the trial. Warara opposed that application.
“I’m not sure if the State is aware of the circumstances in the matter and if he had cared to read the judgment we are referring to, he would have noticed a simple thing that happened.
“An absurd thing that the court carried through and a complaint was made that Munyaradzi had interfered with a witness in another matter for which he was on bail.
“It is that complaint that precipitated these proceedings.
“This case is a case where someone is alleging that my client had violated his bail conditions and the procedure when one violates a bail condition is that you conduct an inquiry not to open a docket as was done in this matter.
“The State is now trying to abuse my client and I warn these prosecutors that if they continue to conduct themselves like this it shall lead to a suit.”
The matter was remanded to May 17, for the State to make further submissions before magistrate Kandiero makes a ruling