A policeman, Detective Assistant Inspector Thomas Mabgwe, who is facing bribery charges after being allocated two stands worth US$78 000 in the Sandton Park land scam, will hear today whether Harare magistrate Mr Ngoni Nduna will grant him bail.
Prosecutors Mr Michael Reza and Zebedia Bofu are opposing bail, saying Mabgwe was likely to abscond and interfere with witnesses.
In the bail application Mabgwe’s lawyer, Mr Author Gurira said the allegations against his client are baseless, unfounded, bald averments lacking particularity.
He submitted that fears of abscondment can be allayed by surrendering the passport and reporting conditions.
“The fear of interference is baseless as he has neither attempted to interfere nor has such an allegation been made. The state basis its argument on the word ‘may interfere’ which is an assumption and cannot be taken as a compelling reason to deny the accused his liberty pending trial,” said Mr Gurira.
He stated that in any event a condition that he did not interfere with either investigations or witnesses was appropriate and sufficient and the State could seek cancellation of bail should the accused breach any of his conditions.
“Pre-trial incarceration is undesirable and bail should be denied sparingly. The accused person is therefore a befitting candidate to be admitted to bail,” he said
It is the State case that sometime in September 2015, Mabgwe, then stationed at Police General Headquarters intelligence unit, and attached to Harare Magistrate Court as a public prosecutor, went to Delatfin Civil engineering Pvt Ltd where he met director of the company Felix Munyaradzi.
Delatfin was involved in clandestine sale of residential stands and double allocation of stands at Hydon Farm in Harare and this resulted in a number of civil suits and criminal matters.
In a bid to get protection against pending criminal cases, Munyaradzi allegedly gave Mabgwe two stands valued at US$78 000 and an agreement of sale was reached between the two.
The State alleges that Mabgwe had no right to receive any consideration or gift from Munyaradzi.
A list of civil suits involving Munyaradzi’s land developing company, Delatfin Investments, shows that between 2008 and this year, about 66 individuals and companies have sued Munyaradzi at the High Court in civil claims regarding land transactions.
Some of the companies suing Munyaradzi’s company include Drum City and Elimobile, which filed eight cases.
Chitungwiza Municipality has at least four cases against the company while Zvimba Rural District Council has two cases field against the same company.
Lawyers, Mr Andrew Makoni and Mr Charles Chinyama, a top police officer- Erasmus Makodza, Mr Delish Nguwaya and and Ms Stella Makaya, among others, are some of the individuals embroiled in fierce legal battles with Delatfi at the High Court.
Munyaradzi’s arrest last month has opened a floodgate of criminal charges as more individuals are now filing their reports against him.