Mathew Masinge, Court Reporter
Socialite and businessman Genius “Ginimbi” Kadungure has taken his freedom bid to the High Court.
The businessman has been confined to remand prison since last Friday after the court found that he committed an offence whilst on bail of another similar nature.
Ginimbi is facing fraud charges and was viewed as a bad candidate for bail.
When he initially appeared at the magistrate court, Ginimbi was accused of defrauding the Zimbabwe Revenue Authority (ZIMRA) by deliberately undervaluing a Bentley Continental GT which he imported from South Africa.
He was later charged for conniving with a ZIMRA agent Alexander Gumbo to forge the vehicle’s value pegged at R3 281 784 to read R1 900 000.
In his fresh bail application at the High Court, the Dreams Night boss pleads that the magistrate who heard his bail application misdirected himself to deny him bail when he was earlier regarded not to be a flight risk.
“In doing so, the court a quo disregarded the presumption of innocence so jealously guarded by Section 70 (1)(d) of the Constitution.
“This disregard amounts to a serious misdirection when regard is to be had to the court a quo’s earlier finding that he was not a flight risk,” submitted Ginimbi.
He maintains that he is not a flight risk and had even handed himself to police prior to the matter.
He said the alleged offence has already been dealt with in HC228/20 wherein the court had conceded that Ginimbi was a suitable candidate for bail.
Meanwhile, the businessman is expected back in court on February 28 for commencement of his tax evasion trial.