In a development that borders on comedy, the Supreme Court on Wednesday poured cold water on the State ’s dismal appeal challenging the acquittal of businessman Wicknell Chivayo of the $5,6 million fraud charge involving Zimbabwe Power Company (ZPC)’s Gwanda Solar Project.
The State was seeking leave to appeal against the decision of the High Court absolving the businessman and his company Intratrek Zimbabwe of any criminal liability in the Gwanda solar project.
Justice Bharat Patel presided over the case and gave a comic description of the heads of argument submitting that it was “the most appalling heads of arguments I have ever seen.”
Lead prosecution counsel Sheron Fero for the Prosecutor-General’s Office also hastened to state that she had no hand on the ‘pathetic’ heads of argument. She described them as “kindergarten stuff”.
“I request your indulgence to file different heads of argument to correct the anomalies that are there,” she said. “There are typographical errors, which are akin to kindergarten stuff,” she said.
The State also conceded that the points raised by Mr Chivayo’s lawyers on the validity of the State’s application were valid and that the PG’s office would need time to consider the appeal.
Said Mr Fero: “I also looked at the substance of those heads and noted that they do not articulate the issues for purposes of this application. The defence has raised valid points in respect of the validity of the application itself, which I believe in the interest of justice, we need to craft proper heads.”
When Justice Patel sought an explanation as to who had crafted the heads of argument, both Ms Fero and Mr Zivanai Macharaga pleaded ‘not guilty’ to the boobs made in crafting same.