The Gweru regional magistrate Mr Christopher Maturure has freed and stopped a criminal trial of River Valley Properties chief executive officer Smelly Dube, who was facing US$9 million fraud allegations, pending a determination by the high court of her application for the review of the court proceedings.
Dr Dube (51) was supposed to appear in court today (Tuesday) for trial, but her lawyer Mr Esau Mandipa of Mutatu and Mandipa Legal Practice, tendered a high court order which suspended all proceedings at the lower court.
“In light of the High Court order produced in this court by Mr Mandipa, proceedings are hereby stayed as per the order. You are free to go,” said Magistrate Maturure.
Mr Richard Chiwara at the magistrate court this morning.
Smelly Dube will no longer appear at Gweru magistrate court to face alternatively conspiracy to criminal abuse of duty by a public officer charges and will be getting back her $100 000.00 bail.
Bulawayo High Court judge, Justice Nokuthula Moyo last week ordered suspension of the proceedings at the Gweru Magistrate’s Court under case number CRB GWP 343/21 following an urgent chamber application by Dr Dube through her lawyer, Mr Esau Mandipa.
“It is ordered that pending the determination of the applicant’s review application filed under cover HC 118/21, the proceedings at Gweru Magistrate’s Court (CRB GWP 343/21) be stayed. At the resolution of the review application filed by applicant under case number HC118/21, this order lapses,” ruled Justice Moyo.
In her court papers citing regional magistrate Mr Taurai Manwere and the National Prosecuting Authority (NPA), Dube argued that the remand proceedings were full of gross irregularities.
“I have thus, under cover of case number HC 118/21, filed an application to have the proceedings afore described reviewed and set aside.
The application has reasonably good prospects of success,” she said.
Dube said the respondents were relying on illegalities as a basis for her arraignment for trial.
“It is therefore imperative that pending the determination of applicant’s application for review filed under cover of case number HC118/21, in respect of the applicant be urgently stayed,” she said.
In her application for review, Dube said the fact that she was unlawfully arrested and charged, her appearance before Mr Manwere’s court was unlawful. Dube’s lawyers said police were unable to take their client to the police station to formally charge her.
“The applicant’s matter was placed before the first respondent (Mr Manwere) without her having been formally charged and afforded an opportunity to respond to the charge. This was so because applicant’s physical, mental and medical wellbeing did not permit that Dube be uplifted to the police station to meaningfully attend to the charges, and was in no state to understand or participate in the process thereof,” argued the lawyers.
Charges against Dube arose when she allegedly connived with former Midlands Governor, Jason Machaya, who was jailed over land deals last September, Matilda Manhambo, a former housing officer in the Ministry of Local Government and Public Works and Shepherd Marweyi, the former District Administrator, to be allocated 2 169 stands where beneficiaries were prejudiced of more than US$9,4 million.
The allocated land was developed without engineering designs.
In September last year, Machaya and provincial planning officer Chaisayanyerwa Chibururu were each sentenced to four years imprisonment for unlawfully allocating 17 799 stands to land developers in Gokwe town, who in turn gave them 1 000 stands worth US$900 000 which was computed as $900 000 in local currency. #The Sun/online
