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pursues Mwonzora's 1999 case
Tendai Kamhungira, Daily News
September 03, 2013
MDC spokesperson Douglas
Mwonzora has been dragged to court over a 1999 case, which the State
is pursuing despite the complainant withdrawing the matter.
Mwonzora, a lawyer by
profession, was yesterday summoned to appear before a Harare magistrate
for allegedly fleecing his client Lameck Kunjeku of Z$300 000 in
Kunjeku yesterday told
the court that he is no longer interested in the case, but the State
insisted it was proceeding to trial.
Regional magistrate Themba
Kuwanda was surprised at the State’s insistence, adding that
the actions created “unnecessary suspicion on the system”.
“General law of
practice says once a complainant says he is no longer interested,
the matter is withdrawn,” Kuwanda said.
He queried who resuscitated
the case and why the State was insisting on going to trial yet the
complainant had made it clear that he was not interested.
“Why should you
behave like that, what is the reason for that?” Kuwanda asked.
He, however, ordered
the State to convert the amount being alleged in State papers, into
United States dollars.
Mwonzora gave notice
that he was going to apply for refusal of remand when the matter
comes for trial on September 12.
He said it was impossible
for him to be tried now over an issue that happened 14 years ago
and have been withdrawn twice before.
“I am being persecuted
in this matter and I need protection from this court against abuse
by State officials,” Mwonzora said.
Allegations against Mwonzora
arose after Kunjeku bought a Mazda 626 in 1999 from someone only
identified in court papers as R Masuku.
It was later discovered
in 2001 that the vehicle had been stolen.
Kunjeku, who was being
represented by Mwonzora, allegedly won a Z$300 000 lawsuit against
Masuku in 2003.
When the judgment was
delivered, it is alleged that Masuku was in prison and hence it
could not be executed.
The court heard that
Mwonzora later received the money from Masuku’s relative in
2005 and failed to remit it to Kunjeku.
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