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High Court thwarts Makamba's bid for freedom


JAMES MAKAMBA

Makamba released, rearrested

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By Staff Reporter
01/04/04

THE High Court on Wednesday threw out a bail application by businessman and politician James Makamba who has been in remand for 40 days on two different sets of corruption charges.

Dismissing his application, Justice Lawrence Kamocha said it was highly likely that since he has properties worth billions of dollars and huge sums of money in offshore accounts, Makamba could skip bail and leave the country for good.

"There is real danger that if the Makamba has the capacity to repatriate such huge sums of hard currency there is great temptation for him to abscond and live outside the country on those monies for the rest of his life," the judge said.

"It, therefore, seems to me that on this ground the applicant is not a suitable candidate for bail. I would, in the result, dismiss his application."

He however, granted defence lawyers leave to appeal to the Supreme Court.

Makamba - chairman of Telecel Zimbabwe and a high ranking member of President Mugabe’s ruling Zanu PF party was released by a Harare magistrate last week but immediately re
-arrested on fresh charges of "externalising foreign currency".

He was accused of externalising over £3,7m, US$2,1m and R15m, which Kamocha said was enough to sustain a future life outside Zimbabwe.

Following his brief release last week, the state media led by the Herald newspaper went into overdrive, blasting the magistrate who ordered his release and calling her a "threat to national security".

Justice Kamocha refused to grant a defence contention that Makamba was being illegally detained because State attorneys had wrongfully invoked the anti-corruption regulations that were recently gazetted.

Defence lawyers had argued that the charges against Makamba were not as serious as the state was playing them out to be and that police had finished investigations and there was, therefore, zero chances of him interfering with evidence.

"The accused is a proper candidate for granting bail," said defence lawyer George Chikumbirike who also said Makamba would not skip bail if granted because he had vast business interests across the country.

Kamocha agreed with the defence team that the prosecutors had used deception to saying investigations had been completed and request a hearing, only to make a turn-around and say investigations were still underway.
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