A Harare magistrate has released two men from remand who were facing fraud charges, criticizing the State for prosecuting by investigation rather than investigating to prosecute.
The individuals, Brian Murphy and an accomplice, were charged with fraud.
The magistrate ruled that the State must investigate thoroughly before prosecuting and blamed the State for not being organized.
“We cannot keep the accused on remand while the State continues its investigation,” she stated.
This decision followed the State’s request for an extended remand, claiming it needed a statement from the Master of High Court. Defense lawyers Kudzai Kadzere and Chris Venturas opposed this request, arguing for their clients’ release from remand.
The defense suggested that the State could issue summons if necessary.
The complainant, Elizabeth Parirenyatwa Mucheche, accused the pair of document forgery to unlawfully acquire an estate. However, it was discovered that she falsely claimed a connection to the widow and failed to inform the Master of High Court that the widow had died before her appointment. Consequently, her appointment was based on a void power of attorney.
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