(Last Updated on November 23, 2020 by GERALD NCUBE)
HARARE – Former ZIFA Boss, Henrietta Rushwaya, who is facing charges of attempting to smuggle gold out of the country has launched a High Court application challenging the decision made by Magistrate Ngoni Nduna to deny her bail.
Rushwaya was deemed to be a “flight risk” by Magistrate Nduna argued she has connections outside the country and access to the means to leave the country if granted bail.
Nduna also argued that the State had a very strong case against Rushwaya that would almost certainly result in prison sentence if she is found guilty.
However, through her lawyer, Mr Tapson Dzvetero, the accused is requesting that the High Court sets aside the decision by Nduna.
Dzvetero is arguing that the magistrate misdirected himself in reaching the decision that his client (Rushwaya) is not suitable for bail.
Mr Dzvetero is arguing that his client has interests in the country and as such nothing can push her to flee.
Dzvetero argued that “The learned magistrate erred and grossly misdirected himself in concluding that the applicant has connections outside Zimbabwe when no evidence was placed before him to justify that position.”
He also urged that the state had failed to prove that if Rushwaya was granted bail then she would interfere with the witnesses and the investigations.
Rushwaya was arrested last month trying to smuggle 6kgs of gold at Robert Mugabe International Airport.
Her arrest unearthed a bigger syndicate which led to 4 more people including two officers of the Central Intelligence Organisation.
The other co-accused, Mr Ali Mohamad is out on bail.