Muponda hands himself over to police in Zim

By Innocent Ruwende

Collapsed ENG Asset Management director Gilbert Muponda, accused of swindling the firm of over ZW$61 billion in depositors’ funds in 2003, handed himself over to police on Wednesday and was subsequently remanded in custody when he appeared before a Harare magistrate.

Muponda, who was escorted to the Harare Magistrates’ Court by two detectives, was clad in stripped blue trousers and a green jersey. He appeared in Court 6 where only a few people recognised him until his name was called out. Muponda appeared before magistrate Mr Donald Ndirowei as he sought to cancel a warrant of arrest issued against him in 2004.

He had allegedly skipped bail while his alleged accomplice Nyasha Watyoka has since been set free. Mr Ndirowei remanded him in custody to August 26 this year after ruling that he was in willful default. His lawyer Mr Benjamin Chikowore had submitted that Muponda was forced to default court to Canada after receiving anonymous threats from ENG investors.

“He received the calls coming from investors who had put their money into the company he operated. The investors alleged that he had swindled them of their money. At the relevant time, the threats were real, the atmosphere was tense and the accused feared for his life. This prompted him to remove himself from the jurisdiction of this court without his will,” he said.

Mr Chikowore submitted that having fled to Canada, Muponda surrendered himself to the Zimbabwe embassy in that country sometime in August this year. He said his client handed himself to the investigating officer Chief Superintendent Peter Magwenzi on Wednesday this week. Mr Chikowore said Muponda was not before the court after being arrested but on his own volition and the fears of death threats have since been allayed.

Responding to the submissions, prosecutor Mr Tapiwa Kasema, said the defence had not made it clear whether the offence in question and the issues that led to his disappearance had been resolved. He said he did not show the court whether the death fears had been allayed. Mr Kasema said it was in this light that Muponda had been on a warrant of arrest since 2004.

“The calmness that has been prevailing is due to the fact that accused has not been present. In as far as he handed himself over after seven years it has not been explained by the defence. The State would apply that the warrant be confirmed if the defence does not explain, maybe his papers were not in order hence he surrendered himself,” he argued.

Mr Chikowore told the court that his client was specified because of the allegations he is currently facing on May 28, 2004 and he was de-specified on April 29 this year. He further argued that the investors in question have since been paid in full therefore his life was no longer under threat. He said his client travelled to Zimbabwe using proper documents and showed the court an emergency travel document Muponda had.

“Fears for his life has been put to rest, he has no intention to abscond,” he submitted. Mr Ndirowei ruled that it was clear that Muponda was on the run since 2004. “The court found out that accused was in willful default therefore he is remanded in custody until the State says otherwise,” he said.

Muponda is facing 31 counts of fraud, 12 counts of theft, seven counts of violating the Serious Offences Act and several Exchange Control charges. The charges against Muponda arose after he allegedly swindled ENG investors of ZW$63 billion. The Herald