Musengezi bail application opposed

THE State yesterday described Sybeth Musengezi, who is accused of using a fake address to join Zanu PF structures, as a dishonest man who has proved that he cannot attend trial once he is granted bail.

Prosecuting, Mr Anesu Chirenje said this while opposing the granting of bail to Musengezi, who is charged with fraud.

Mr Chirenje told the court that Musengezi was of no fixed abode and it will be very difficult to locate him once he is freed on bail.

“He is of no fixed abode and efforts were made to try and verify where he stays. The State was not satisfied in its efforts. He offered an address that was not identified and State is yet to identify its owners.

“If he is to be released on bail, the accused will definitely abscond and not stand trial. Efforts to locate him will be difficult,” he said.

Mr Chirenje said Musengezi is facing the serious offence of fraud, which might induce him to flee.

“He is aware that he is facing a serious offence in terms of the law. This will propel accused to flee jurisdiction of the court”.

Mr Chirenje said given the aforementioned circumstances, there is no bail condition which will reduce risk of him absconding.

“Dishonesty has been proved when he produced a fake address. He is incorrigible and cannot be trusted with his liberty. He is a holder of a valid passport and there is nothing that ties him to the jurisdiction of the court,” he said.

The State also said Musengezi was known to witnesses for a very long time raising chances of him interfering. Musengezi, through lawyer Mr Doug Coltart, told the court that he was of fixed abode and claimed that the police had verified his address.

He pledged to deposit $20 000 and report once a month to Westgate Police Station as part of his bail conditions.

“There is evidence of the investigating officer who went to the place of residence and found a woman, Tendai Shonhiwa, his wife. The investigating officer was shown a lease agreement, which confirms his name and address, marriage certificate and passport.

“The State case is extremely weak and the

State accepts that accused person was working in the branch concerned. According to the Zanu PF constitution, one became a member when residing or working in the area. Accused was eligible to become a member of the party at that branch. It does not say residential address,” Mr Coltart said.

Musengezi is expected back in court today for continuation of his bail application.

Allegations are that sometime in 2012, Musengezi, acting in common purpose with Allen Chisuko and Taurai Mutimbanyoka, misrepresented to Zanu PF that he stayed at 4315 Hatcliffe Extension, Harare for him to join as a member of the party’s Muzinda 1A District. He was then registered and became a member.

In 2019, Musengezi allegedly connived with Taurai Mutimbanyoka and misrepresented that he was within the cells of Zanu PF’s Mai Chitepo Branch, Muzinda 1 District.

The court heard that Musengezi also became eligible for elections to a Zanu PF branch position or post, a preserve only for Zanu PF political party members who would be appearing in the cell structures.

Musengezi was then elected as the Zanu PF Mai Chitepo branch Muzinda H District Youth Wing vice chairperson. It is alleged that Musengezi deprived the party of its good reputation and good administration.

He also allegedly participated in Zanu PF political elections and programmes which he was not entitled to and which he would not have been able to join if he was not a member.

Magistrate Mrs Yeukai Dzuda presided.