By A Correspondent| High Court Judge, Justice Tawanda Chitapi has ruled that the magistrates court grossly misdirected itself by placing land developer and businessman, Felix Munyaradzi on remand.
In acquitting Munyaradzi, Justice Chitapi said the lower court grossly misdirected itself by making a finding that there was a nexus between the Munyaradzi and the alleged offense.
“The learned magistrate grossly misdirected herself by making a finding that Delatfin Civil Engineering Pvt Ltd to the applicant in circumstances where it was the company that dealt with Thomas Mabwe and as such criminal liabilities could not be attributed to the applicant,” said Chitapi.
Chitapi further stated that the lower court grossly misdirected itself in making a finding that the conduct of the applicant gave rise to reasonable suspension that he had committed an offense.
Munyaradzi was arrested by the police last year and brought to court for his initial remand on 2 September 2020.
The circumstances surrounding the matter were that Munyaradzi bribed a police officer Thomas Mabwe by awarding him two residential stand so as to ‘gain protection in return’.
Munyaradzi was accused of dishing out residential stands and double allocation, offenses he allegedly committed as the Chief Executive Officer of Delatifin Civil Engineering Pvt Ltd.
When Munyaradzi appeared for his initial remand, he challenged his placement on remand saying the allegations levelled against him did not raise a reasonable suspicion that the he committed an offense.