By A Correspondent| It is a sad day for justice as an unwarranted three week delay to the finalization of the frivolous and vexatious case against Ofer Sivan and Cassandra Myburg has been yet again caused by the undue interference of Gilad Shabtai’s lawyers through their wanton abuse and intimidation peddled via the media after it was published in the media that the National Prosecuting Authority was inclined to withdraw charges against the accused persons.
It was on Thursday unequivocally confirmed in court that the complainant, Gilad Shabtai is a fugitive from justice with multiple criminal charges against him and an outstanding warrant of arrest for his person. The defence lawyer submitted on record, her discontent on how someone that is avoiding the law blatantly can lay false claims and be entertained by the Justice system.
The defence lawyer also stated that it is now clear to all involved that there are no merits, facts or truth to any allegations, which are simply made in an attempt to tarnish the names of respectable business people, to cause personal damage, prejudice and defamation as well as a desperate attempt to divert attention from the criminal offences that Gilad Shabtai himself committed.
Shabtai is avoiding answering to the police after he escaped the country despite telling the police investigators that he will avail himself as soon as his “health” will allow it.
However the outcome does hold some very interesting and valid questions brought up by the presiding Magistrate. The magistrate ruled that due to the continued prejudice to the two accused persons in the continual remand of the matter with no trial date being set, added to the emotional trauma, financial prejudice, the time taken away from them focusing on the business they are running, and the defamatory inflictions published by the media, the prosecution was given an order that on the next remand date, they should either proceed to trial or withdraw the case against the accused persons.
The Magistrate also indicated that removal from remand will most definitely be considered on the next remand date in an effort to curb the prejudice being suffered by the two.
The Prosecution confirmed that they had reviewed the file presented before them and formed an opinion, and that they were only seeking a second opinion from their head office, giving the Magistrate just cause to have the matter heard at the earliest convenience.
This being said the Prosecutor was not in a position to state clearly when the file had been handed over to their head office for the second opinion which begs the question, Is this really the case? Or are they bargaining for more time due to outside influences and threats made by the complainant and his lawyer.
Sivan and Myburg have appeared before the courts at every remand date, yet the complainant himself has not made the accusations in person but rather through a third party, Munyaradzi Gonyora, and both have been hiding outside of the country for a protracted period of time.
Should Shabtai and Gonyora avail themselves in Zimbabwe, they are set to face their day of reckoning before the courts of law as no one is above the law. The law must apply to all persons fairly, and our society must not tolerate protection of fugitives from justice.