Zvikomborero Parafini, Court Repoter
Acting Chief Magistrate Munamato Mutevedzi yesterday dismissed University of Zimbabwe former Vice Chancellor’s application for excerption saying the application was completely baseless and unnecessary.
Professor Levi Nyagura through his lawyer Advocate Sylvester Hashiti made the application on the basis that there is no one called Grace Marufu, there’s no complainant in the matter, the State adopted wrong remedies to cure its issues and that Nyagura was not in a position to commit the offense.
In dismissing the application, magistrate Mutevedzi dismissed all the four basis of the application consecutively.
“According to the law, there are two main grounds for quashing of charges which are charges that are calculated to embarrass an accused person in his defense or if the State’s papers do not disclose an offense.
“An accused person must therefore show how he will be embarrassed or prejudiced and a reading of the submissions shows he relied on four issues,
“Hashiti said there’s no one called Grace Ntombizodwa Marufu while the State argued that that Grace Mugabe and Grace Marufu is used interchangeably, from the papers, the report from Professor Mararike bears the name Grace Marufu, the letter offering her a place in the university shows N.Marufu.
“From the above, there can be no argument that that those names refer to Grace Mugabe and in any case, those names cannot prejudice or embarrass Nyagura.”
Mutevedzi proceeded to address went on to address the issue of conferment raised by Hashiti that Nyagura could not have given the former first lady the degree in his own capacity.
“It was unnecessary for defence to raise this point as the State clearly stated that he facilitated the conferment of the degree which in simpler terms means he smoothened the completion of the process in one or more illegal ways,” he said.
With regards to allegations that there’s no complainant in the matter, Mutevedzi said it is clearly stated in the State papers that the complainant is the State with Dr Gilbert Sadomba from UZ as its star witness.
Subsequent to the dismissal of the application, trial date was set to May 16.
Tinashe Makiya represented the State.