Thursday, June 04, 2009

(HERALD) Banda applies for acquittal

Banda applies for acquittal
Court Reporter

JOSEPH Banda, the first farm mechanisation audit catch, who allegedly defrauded the Reserve Bank of Zimbabwe of implements valued at US$35 100 and supplying false information to the authorities through impersonation, yesterday applied for acquittal at the end of the prosecution’s case.

Banda allegedly masqueraded as a retired senior assistant commissioner, a war veteran and an RBZ official before fraudulently acquiring motorbikes, generators, knapsacks, harrows and other implements under the Government’s farm mechanisation programme.

In an application filed yesterday by defence lawyer Mr Gerald Mlotshwa, Banda is seeking discharge on the basis that the State had failed to establish a case against him.

But prosecutor Mr Obi Mabahwana strongly opposed it arguing that the prosecution had a strong case against Banda and that he should be put to his defence.

Regional magistrate Mr William Bhila is expected to rule on the application today.

Mr Mlotshwa submitted that the evidence adduced by the State was "manifestly unreliable that no reasonable court could safely act on it" and that Banda should be discharged at the close of the State case.

He said none of the State’s 11 witnesses had implicated Banda in respect of any of the preferred criminal charges. The court heard that the evidence of the investigating officer was never corroborated and that it contradicted that of the others who testified before him.

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