HIGH Court judge, Justice Pisirai Kwenda, yesterday roasted the State for preferring a fraud case against businessman and CAPS United owner Farai Jere, saying there is a disconnection between allegations and the charge.
Kwenda queried why a “mere” fraud case had been allocated to the anti-corruption court and questioned how Jere was being held for misrepresenting to ZETDC yet the company’s representatives were present in the United Kingdom to assess if he had the capacity to supply the smart meters before signing the deal.
“You brought dead things before me. If you start a trial like this, the appellants do not even need to lead evidence because ZETDC was there. Why did you bring such a case to the High Court, why? There is a disconnection between the allegations which are wrong and the charge. What do you want me to do? ” Kwenda quizzed the prosecutor.“The people who accompanied the first appellant to the UK were supposed to conduct a factory assessment test (FAT), they did not do it but signed papers, and so where is the misrepresentation.“What is the serious offence that those facts disclose? What is the offence? Is it fraud? I think there could be some other offence,” Kwenda said.
The court heard engineer Chisina and Chikonzo signed the false FAT report while engineers Mapipi and Tshuma expressed reservations as no tests had been done.