THE trial of five alleged hired hitmen in a plot to murder prominent businessman Oliver Tendai Chipindu is set to resume this Friday, with the State leading evidence from the second witness.
Harare magistrate Stanford Mambanje last week, overthrew the defence counsel’s application to recuse himself saying the application lacked merit, hence the commencement of trial.
The suspects are alleged to have been involved in a failed fuel gas tanks deal that defrauded Chipindu of US$800 000.
The accused are Moses Monde of Johannesburg, Malvin Manzinde, Malvin Tatenda Nyamuranga, Norbert Muponda and Joshua Mapuranga, based in Cape Town.
According to the defence attorney, the presiding magistrate was supposed to recuse himself because his clients felt that in the interest of justice the matter should be handled by a different court.
“Application is for the matter to be referred back to court 17 for trial. Reason is that it is this court that handled the initial appearance of this accused person where application for further replacement on remand was done and court was compelled to make a decision.
Subsequently the same court handled another application we made before trial,” he wrote in his application.
Responding to the application, prosecutor Ephraim Zinyandu convinced the court that the application lacked merit in terms of points of law.
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He further submitted that it was the discretion of the court to determine where a trial can be entertained.
“We are alive to the fact of the right to a fair trial but that right should not only be viewed in the eyes of the defence counsel but also any other interested parties,” Zinyandu said.
The State said the alleged conman, who hired the accused persons Obrian Obert Mapurisa, was still on the run.
Mapurisa entered into an agreement with Chipindu to purchase liquified petroleum gas tankers in Turkey.
Chipindu gave Mapurisa US$800 000 for the purchase of seven liquefied petroleum gas tankers in varying sums on different dates.
In January, Chipindu made numerous efforts to obtain paperwork pertaining to the purchased gas tankers but Mapurisa became evasive.
The court heard that Chipindu then contacted Mimak Company in Turkey, which had been contracted to supply the gas tankers and was advised that they had not paid the full purchase price.
Only a deposit of US$132 000 had been paid and Chipindu contacted Mapurisa, who confirmed that he had diverted the funds, but was going to pay for the tankers in full as planned.
Chipindu then demanded a refund but Mapurisa became evasive.
On February 28, Chipindu went to Turkey and tried to negotiate with Mimak Company for more time to pay for the tankers, as they were about to dispose of them elsewhere.
As a result of pestering by Chipindu, Mapurisa allegedly hatched a plan to eliminate him.
He allegedly hired the five hitmen, who are all based in South Africa, for the job.
He supplied them with Chipindu’s address and picture.
It is further alleged that on March 19, Chipindu and his friend lured the accused persons to Zimbabwe from South Africa and they met at a lodge in Avondale, Harare.
The hitmen had a discussion at the lodge with Chipindu whom they intended to kidnap and break his legs and collar bone.
The complainant recorded the conversation on his phone.
Police were alerted and the accused were arrested.
