The magistrate is set to pronounce his ruling on the bail application by 5 NetOne employees and one board member who were arrested for abuse of office.
In his statement the magistrate said the he needed time to compile the submissions before making his judgement for the three submitted records
State had opposed bail for the accused, jointly, stating that the candidates were potential flight risk and had a propensity to interfere with witness, while it stated that the accused had committed a serious crime.
State alleged that accused number two once threatened Susan Mutangadura with a text message that read:
Good evening to you and your family as you go up the NetOne ladder just remember the pain, agony stress financial instability and homelessness that you caused.
In defense the lawyers stated that none of the candidates was a flight risk since all of them had initially complied with the request to submit self to police or accompanied to the post, not considering that the boarders are already closed under the Covid lock down. The defense also argued that most of the employees were already suspended and it would not be logical to allege that they will interfere with state documents or witness, since the documents were already lodged with the police.
Defense also added that the alleged offense whether serious or not , does not take away a constitutional right for every Zimbabwean to be given bail, stating that many Zimbabweans who have committed serious crimes have many a times been granted bail.
The defense also argued and prayed that the charges be thrown away as NetOne employees are not public officers and can not be charged for contravening laws designated for public officers.
In defense the lawyers mentioned the case of Chikumba vs State of air Zimbabwe, which exonerated the accused the on the notion that Air Zimbabwe was wholly state owned but did not imply that the employees are public officers .
The prima facie of the three counts was based on the undertaking official use with out board or parent ministry approval.
The defense team presented board resolutions which empowered Mr Lazarus Muchenje to under take the stated activities as evidence to counter the allegations.
State however wanted the original documents of the resolution in their response .
The permanent secretary in the ministry of ICT Postal and Courier Services engineer Sam Kundishora witnessed on behalf of the ministry, while Susan Mutangadura was on behalf of the board .