ENG Directors Not guilty

NYASHA Watyoka, a director of the collapsed ENG Asset Management, who was accused of swindling the firm of over $61 billion in 2003 was yesterday set free at the Harare Magistrates’ Courts. Harare magistrate Mrs Faith Mushure finally granted Watyoka’s application for refusal of further remand saying he would be called to court by way of summons if more evidence against him crops up.

Watyoka, having faithfully attended the court’s routine remand sessions for over two years, freely walked out of the courtroom in the company of his lawyer Mr Moses Kamudefure after Mrs Mushure’s ruling at around 9:30am.In her ruling, Mrs Mushure considered the defence submission that Watyoka’s placement on remand for over two years without a trial date was unreasonable."As much as this court appreciates that the charges against the accused are very serious, a remand of two years in my view, is unreasonable."This court has given the State three chances to furnish the accused person (Watyoka) with his trial date, but obviously, the State has failed. The State has now failed to bring the accused person to trial within a reasonable time."I am of the view that the interest of justice will not suffer any prejudice if the accused is removed from remand. The State has failed to serve him in the two years," said Mrs Mushure.

She however, said it was Watyoka who actually suffered the prejudice due to the State's failure to set his matter down for trial."His (Watyoka’s) preparation of the defence may have improved and the delay may have led to disproportionate delay and mental torture. Further remand is therefore refused. State to proceed by way of summons for prosecution if more evidence arises," she added.It was also noted in the ruling that Watyoka initially applied for refusal of remand on March 17 this year but another magistrate Ms Rebecca Takavadiyi dismissed the application. The State was accorded time to come up with a trial date by April 24. On April 24, the State led by Mr Ndabezinhle Moyo, again failed to provide Watyoka with a trial date and they applied for further indulgence, which was again granted.

Mr Joseph Jagada later confirmed handling the matter and on May 24, the State was again given a further two months to put its house in order, until last Friday when the defence pleaded with the magistrate to pass a ruling on the matter.Watyoka was asked to collect his $150 million bail and $700 000 surety from the clerk of court.Watyoka was accused of defrauding the now-collapsed asset management firm of more than $61 billion in 2003.He was facing 31 counts of fraud, 12 counts of theft, seven counts of violating the Serious Offences Act and several Exchange Control charges. His co-accused, Gilbert Muponda skipped bail and is believed to be in Atlanta, Georgia, in the United States.

This article originally appeared in the Government controlled Herald Newspaper on 1 August 2006.
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