Own Correspondent| An unscheduled witness will appear to testify against National Pharmaceuticals (NatPharm) director Newman Madzikwa who is standing accused of criminal abuse of office.

Madzikwa is standing accused of hiking drug handling fees by 11 percent and unprocedurally awarding a $10 million tender to a Danish medicines’ supplier.

Five State witnesses have already testified and the court carried an inspection in loco.

Despite the trial nearing closure, the prosecutor Zivanai Macharaga appealed with the Senior Regional magistrate Hosea Mujaya to use his discretion to summon NatPharm minutes taker, Suzana Nonsikelelo Shara, to the stand. Macharaga claimed he made a discovery that the September 3, 2018 audio minutes contain critical enough information to strengthen the case.

Macharaga claims it was during the inspection in loco when he “stumbled upon the evidence which can lead to a just conclusion”. This piece of evidence, according to the prosecutor, is fit to be placed under “exceptional circumstances” provided at law.

“The evidence could not be availed at the commencement of trial and the witness was not known. The state stumbled on the recording during the inspection in loco and the IT personnel confirmed that that the meeting was recorded. The existence of the minutes were never made known to the State,” he said.

Madzikwa’s lawyer Harrison Nkomo, Madzikwa opposed the application arguing that Macharaga had engaged himself unlawfully as an investigative prosecutor. In further defence, Nkomo also accused the State of clutching at straws to “beef up an ailing case” and disadvantage his client.

“It is not the duty of the prosecutor to involve himself in investigations but to lead the court to the truth,” Nkomo said.

Mujaya agreed to invoke section 232 of the Criminal Procedure and Evidence Act which empowers the magistrate to call additional witnesses.

“Call the witness on my behalf. I want to hear her side of the story,” Mujaya said.