Makamba granted bail but to remain in jail

Makamba granted bail but to remain in jail

JAMES MAKAMBA

• Makamba repatriates externalised forex

• High Court thwarts Makamba's freedom bid

• Makamba released, rearrested

• Makamba faces 22 forex offences

• Makamba arrested

By Takunda Maodza

JAILED businessman, James Makamba was granted a staggering $50 million bail by the High Court in Harare on Wednesday but State prosecutors immediately appealed against the ruling.

This means that the case will now go to the Supreme Court for further deliberations. The State is expected to file its application to the highest court within a week, while Makamba remains in custody.

Makamba is facing allegations of externalising billions of foreign currency. He was arrested on February 9 and has made a total of 10 applications to be placed on bail outside custody.

Justice Chinembiri Bhunu granted Makamba bail, arguing that the State had failed to prove the accused had externalised billions of dollars and owned many properties abroad.

Makamba’s lawyer, George Chikumbirike maintained that it was untrue that the accused person owned vast properties abroad, as had been alleged by the State.

He also said the State failed to prove that Makamba had large amounts of foreign currency stashed in his accounts abroad. Bhunu added that although it was raised by the State in court that Makamba bought a Harare property at a staggering 210 000 British pounds some years ago, only 30 000 pounds was paid.

Of the 30 000 pounds that he paid for the property, Makamba has already repatriated 9 000 pounds, which if converted into American dollars, totals more than US$16 000.

This, Bhunu reasoned, reduced the seriousness of the charge he is facing. He said there is a huge reduction on the total amount of foreign currency Makamba is alleged to have externalised especially considering that he has already repatriated more than US$16 000.

“At this juncture even if convicted, he will not be required to repatriate anything without evidence being produced by the State indicating that there are more funds abroad,” ruled Bhunu.

The judge said that the fact that Makamba failed to finish up payment for the Harare property was clear testimony that he would not be required to repatriate anything in the event of conviction.

“The State’s allegations that the police recently unearthed Makamba’s new foreign accounts were hazy ones and it would not be fair to take into consideration unsubstantiated allegations,” further reasoned Bhunu.

The State, in its submissions for bail, indicated that the police had uncovered Makamba’s other foreign accounts in such countries as the United States of America.

Bhunu said since Makamba did not own any properties abroad but had vast properties locally, and that the likely sentence, if convicted, was significantly less, he would not be enticed to flee trial if granted bail.

“It is, therefore, that the ends of justice are unlikely to be prejudiced if he is granted bail,” Bhunu said.

He ruled that Makamba should pay $50 million as bail at the Harare magistrate court, surrender title deeds for his Kambanje property valued at $500 million, and that he surrenders all his travel documents.

Bhunu further ruled that Makamba should confine himself at his home in Chisipite, save for going to and from Highlands police station once every day for routine check ups.

However, soon after delivering the ruling, Gerald Butaumocho who represented the State because Charles Kandemiri, the usual public prosecutor in the case, was away, made an application before Bhunu that the State be granted leave to appeal against his ruling at the Supreme Court.

Butaumocho said the court misdirected itself in granting Makamba bail adding that there is still evidence showing that the accused person has properties abroad.

“He still has the capacity to abscond and live comfortably outside this jurisdiction,” Butaumocho said.

The State also added that Makamba was struggling to repatriate the money it claims is still stashed in his foreign accounts hence the fear of absconding still remained.

Chikumbirike, however, insisted that the State failed to prove its claims that Makamba had vast property abroad as the properties did not exist. He said it was not fair for Butaumocho, a man who had not heard the defence’s submission for bail, to stand in court and appeal against the granting of bail.

The court adjourned to give Bhunu time to digest the matter. When he came back after lunch, Bhunu granted the State the leave to appeal to the Supreme Court.

“That being the case there might be need for a second opinion for justice to be done.

“It is accordingly ordered that the application for leave to appeal be and it is hereby granted,” Bhunu said.

The State is expected to file an appeal at the Supreme Court within seven days while Makamba remains in custody.

Previous judges that presided over Makamba’ bail issue had denied granting bail on the basis that he owned vast properties abroad and billions in foreign currency outside Zimbabwe.
From Daily Mirror
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