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However, the State says it is going ahead with the prosecution of the firm’s ex-chief executive Dominic Mubaiwa and Core Mining director Lovemore Kurotwi.
Director of Public Prosecutions Mrs Florence Ziyambi says the State wants to set free former ZMDC chairperson Gloria Mawarire, administrator Tichaona Muhonde and board member Mark Tsomondo.
Mrs Ziyambi made an application to withdraw the charges before plea against the trio.
But lawyers representing Kurotwi and Mubaiwa opposed the application citing breaches of the Criminal Procedure and Evidence Act.

Justice Chinembiri Bhunu is expected to determine the application today.
Mrs Ziyambi did not give reasons why they wanted to drop the charges.
Kurotwi’s lawyer Mr George Chikumbirike opposed the State application saying it was unprocedural. He argued that he had been served with new indictment papers in which the three were now being turned into State witnesses.

Mr Chikumbirike felt the procedure adopted was not permissible at law and that it was prejudicial to his client’s case.
In as much as the AG had powers to withdraw charges at any stage before judgement, Mr Chikumbirike said, he was obliged to follow the correct procedure of exercising those powers as enshrined in the Criminal Procedure and Evidence Act.

He argued that since the indictment last month, the trial at law was deemed to be pending before the High Court and the AG could only withdraw the charges with the leave of the court.
“The AG is subject to the law like anyone else. The prerogative to withdraw charges has to be exercised upon compliance of the law,” he said.
Appearing for Mubaiwa, Advocate Lewis Uriri said should the State wish to drop the charges, the law required them to read out the charges to all the suspects before they apply for withdrawal in respect of the three.

Adv Uriri said he was not objecting to the withdrawal of the charges, but the procedure adopted by the State in exercising the powers to drop the charges.
He emphasised the need to read out the charges to all the five suspects before applying to have the charges withdrawn.
Harare lawyer Mr Jonathan Samkange, who was representing Mawarire and Muhonde, accepted the withdrawal saying the powers to withdraw cases were vested in the State. Mr Samkange added that no one could interfere with the AG’s constitutional powers.

He described the objection by Mr Chikumbirike and Adv Uriri as “frivolous and simply meant to cloud and confuse a clear request by the State to withdraw charges”.
Mrs Ziyambi said indictment was simply meant to inform the suspects of the trial and that it was not correct that the case became a pending matter at the High Court. She said trial only starts when the charge was read to the suspects and in the present matter, the AG was simply seeking to withdraw the charges before plea.

Mrs Ziyambi said everything was according to the law considering that Section 76 of the Constitution of Zimbabwe granted the AG powers to withdraw charges at any stage before the delivery of the judgement.
The State has since dropped charges against another official Mr Ashton Ndlovu who was once jointly charged with the five and he is expected to give evidence when the trial starts.