Whistle-blower arrested at court
14 October 2016
LEEROY Kundishora Waguta, who is the whistle blower in the ongoing soccer match fixing scandal, was yesterday picked up by detectives at the Harare magistrates’ court.
Waguta was picked by detectives from CID Serious Frauds after attending a court hearing in which he was expected to testify against Henrietta Rushwaya, Edzai Kasinauyo and Nation Dube.
Rushwaya, Kasinauyo and Dube stand accused of attempting to ‘fix’ soccer matches played between Zimbabwe and Swaziland during the AFCON qualifiers.
Although H-Metro could not immediately establish why Waguta was picked up, sources said the South Africa-based whistle blower was on the police wanted list over the past two years on fraud related offences.
“He was on number 65 on the (police wanted) list at CID Frauds. A docket was opened on CR827/10/12 and DR 48/10/2012,” said a source.
Waguta is expected to give his testimony in the match fixing scam on October 18 when the trial continues.
Rushwaya, Kasinauyo and Dube, however, wanted the court to except them to the charges they are facing saying there was no complainant in their matter.
Speaking through their defence lawyers, the three former national soccer administrators said ZIFA failed to provide a resolution that mandates its former CEO Jonathan Mashingaidze to appear in court as the complainant.
They argued that they were illegally taken to court in the absence of a resolution letter from ZIFA and that the court could not preside over an illegality.
“The application for exception was motivated by evidence of the so-called ZIFA representative who conceded that there was no report from ZIFA and that there was no resolution to represent ZIFA as complainant,” said lawyer Harrison Nkomo who is representing Kasinauyo.
Lawyer Nkomo also said: “An illegality cannot be cured by anything.
The State conceded that there is a requirement of a resolution.
“If he (Prosecutor Timothy Makoni) accepts that an application for exception to the charge can be done upon pleading, the enquiry is that, on what basis these allegations are based on without the resolution.
“Section 50(5) of the Constitution is very clear-the court can only preside over an accused who is lawfully brought to court. “Charges or papers prepared at police and any other paper that forms the record was not done in terms of the law.
“Having been given State papers does not cure an irregularity”.
Lawyer Simon Mpindu also said that Mashingaidze acting without a resolution from ZIFA was tantamount to acting in his personal capacity.
“Acting without a resolution would be acting in his/her personal capacity.
“He has no mandate to bring the case to court. “Complainant had no mandate to appear before the court and had no mandate to report the case to the police,” he said.
Dube’s lawyer Simon Simango said that the State was prolonging proceedings that could be curtailed by their application.
Magistrate Lucy Mungwaru, in her ruling, said the trial should continue and the issue of a resolution from ZIFA would be dealt in her judgment.
The court also said that making a ruling on the application for exception to the charges would render her to make a judgment at the midst of the trial.
Tatenda Marshal Mukuruva took to the witness stand after the court ruled that the matter continues.
The Dynamos goalie told the court that he never talked to any of the accused persons.
He said he was only called by a person who identified himself to him as Coach Ian inviting him to South Africa for trials.
The matter continues on October 18 when Waguta is expected to give his testimony.