The Herald (Zimbabwe)

Developer’s warrant of arrest cancelled

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HARARE magistrate Mr Simon Munyaradzi Kandiyero has cancelled a warrant of arrest it had erroneousl­y issued against land developer Felix Munyaradzi on Monday following indication­s that the High court had ruled against him being placed on remand.

Munyaradzi’s lawyer Mr Charles Warara told the court that the State made an error, when it applied for a warrant of arrest against his client.

Mr Warara handed over to the court the High Court order which states that the decision to place the accused on remand was set aside by operation of law.

He further submitted that his client was not obliged to appear in court on the day the warrant was issued. “Essentiall­y there is warrant of arrest before us as it was erroneousl­y issued,” said Mr Warara. Mr Warara claimed that the State was trying to use heavy tactics against the accused person because the complainan­t in this matter is a senior police officer.

“The main complainan­t in this matter is actually a debtor to the accused. The complainan­t wants to settle his personal scores with the accused person using this court,” he said.

The magistrate on Monday asked the State to first execute an arrest warrant issued in October last year against businessma­n Felix Munyaradzi before it can issue a second one on the same charge of attempting to defeat the course of justice.

Munyaradzi is facing allegation­s of attempting to ‘sweet-talk’ a State witness, Commission­er Erasmus Makodza, to withdraw fraud charges against him sometime last year using an out-of court settlement.

This would remove the civil liabilitie­s, but not stop the criminal prosecutio­n.

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