Mliswa trial opens

Mutasa is the son of Presidential Affairs Minister Didymus Mutasa.
The two are being charged along with four others —  Alfred Mwatiwamba, George Marere (36) and Hammarsskjold Banda and his wife Brendaly.
All the six were formally charged with fraud when their trial opened before regional magistrate Mr Never Katiyo.

They are denying the charge against them.
When the proceedings started the State led by Mr Godknows Nyasha suggested bringing to court lawyers Mr Gerald Mlotshwa and Arnold Rutanhira to give evidence in the matter.
Mr Mlotshwa once represented Mliswa while Mr Rutanhira acted for the Bandas.
However, Mr Charles Chinyama who is now appearing for all the six objected to the prosecution’s suggestion arguing the two lawyers were at law not competent witnesses in this case.

“The suggestion of bringing Mr Gerald Mlotshwa and Arnold Rutanhira tampers with the blanket of privilege guaranteed in the Criminal Law (Codification and Reform) Act. Lawyers cannot testify for the State and this is a thorough marathon presentation that deserves to have a thorough marathon research,” said Mr Chinyama.
Mr Katiyo postponed the trial to January 26 to rule on the submissions presented to the court.
Mliswa is alleged to have misrepresented to businessman Paul Westwood that President Mugabe and Youth, Indigenisation and Empowerment Minister Saviour Kasukuwere gave him permission to take over 50 percent of his company, Noshio Investments Limited.

The company was valued at US$2,1 million while Banda owned the other half.
The State alleged that in October 2009, Westwood and Banda had a dispute over alleged misappropriation of money by Banda’s wife, Brendaly, who was the company’s finance and human resources manager and had withdrawn US$25 000 without Westwood’s knowledge.

The decision led to Brendaly’s suspension and Banda was not content with the decision. The State alleged that in August 2009, Banda borrowed US$100 000 from Mliswa at five percent interest per month.
Banda allegedly failed to repay the loan at the agreed rate and Mliswa is said to have demanded that he surrenders his Noshio shares to him to offset the debt.
Westwood was allegedly threatened with death if he resisted. As a result, the State said, Westwood lost shareholding worth US$1 050 000.-The Herald

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