Mathew Masinge, Court Reporter
Controversial businessman, Wicknell Chivayo, has written to the High Court seeking to have his bribery trial suspended after a Harare magistrate recently dismissed his exception to the charges.
Chivayo, his company Intratek and former ZPC boss Stanley Kazhanje have attested to the urgent chamber application.
They have cited the Prosecutor General and Harare magistrate Pasipanodya Maturure as respondents.
Magistrate Maturure handed down his judgment dismissing Chivayo’s exception to charges on August 21.
“This is an application for interim relief suspending the commencement of our criminal trial before the second respondent (Magistrate Maturure) under case number CRB ACC 14-15/2019, pending the review of the second respondent’s ruling dismissing our exception to criminal charges against us.
“The decision and subject of the review application was given on the 21st of August.
“The interim relief is an adjunct to a provisional order calling upon the respondents to show cause why, if any, on the return date a final order should not be made staying the said criminal proceedings against us pending the application for review aforesaid,” wrote Chivayo.
Chivayo who is expected back in court on October 28 argued if the State proceeds with the trial his rights will be infringed upon.
“Additionally, the continuation of the trial would be a breach of the fundamental right not to be subjected to the trauma of a trial in circumstances wherein that trial ought not to take place in the first place as applicants are not at risk of a conviction on the facts and law alleged.
“The applicants have reasonable prospects of success on the merits.
“The applicants have no alternative remedy and the balance of convenience favours the grant of an order suspending the proceedings pending the return date on which a stay will be sought,” he said.
Now the businessman wants the High Court to set aside the decision by magistrate Maturure and to have the charges quashed.
Meanwhile, Kazhanje has already been convicted for concealing a US$10 000 transaction from his principals at ZPC, he is however out on bail pending appeal.
The matter is still pending.