|Lawyer misrepresenting facts: Masimirembwa|
|Friday, 11 May 2012 00:00|
Peter Matambanadzo Senior Reporter
bid to strengthen the defence’s case.
“You are misrepresenting facts. You are reading conveniently where it suites you,” Mr Masimirembwa said.
“The project was going ahead. So to say that the (ZMDC) board was not ready is not correct. This critical misrepresentation is to give Core Mining a status of a company with directors, a board and management while it is a shelf-company and special purpose vehicle for BSGR (Benny Steinmeitz Group Resources),” Mr Masimirembwa said.
He said Kurotwi and Mubaiwa committed fraud after misrepresenting to ZMDC and the Ministry of Mines and Mining Development that BSGR was still Core Mining guarantor in the joint venture when it had withdrawn.
Mr Masimirembwa said the agreement that was approved by Government was not the same as the one signed by Marange Resources and Core Mining.
“We are told a new story, a new investor,” Mr Masimirembwa said.
The board, according to Adv Uriri, had concluded that two investors, among them Core Mining, had passed an evaluation exercise.
Adv Uriri said the decision by the board was binding and an agreement signed between Core Mining and Marange resources was deemed to be absolute by the board.
“It is misleading . . . it is totally different from what Government approved,” Mr Masimirembwa said, referring to an agreement signed between Core Mining and Marange Resources.
He said the board should have taken the new agreement back to Minister Mpofu, who would in turn take it to his principals.
Mr Masimirembwa accused Mubaiwa of having a “mini ZMDC office” at his house after his lawyer Adv Uriri produced a letter purported to have been written to BSGR but was not filed at ZMDC records.
Fraud charges against Kurotwi and Mubaiwa arose between March 2009 and August 2009 after they unlawfully and fraudulently made misrepresentations to defraud Government.
Kurotwi is alleged to have misrepresented to Government that BSGR was the guarantor in a joint venture agreement with Core Mining and ZMDC while Mubaiwa unlawfully prepared and entered into an unapproved Memorandum of Agreement between Marange Resources and Core Mining on July 24, 2009.
Mubaiwa is also accused of acquiring Cabinet authority to travel to South Africa to conduct a due diligence exercise on Core Mining, a shelf company.