‘Russian’ national to be re-tried

By Tendai Kamhungira

A “Russian” national accused of using fake documents to apply for a Zimbabwean passport is to be re-tried before the Harare Magistrates Court after the Constitutional Court (Con-Court) yesterday dismissed his application challenging the re-opening of the case.

Steven Paul Sugden had approached the Con-Court seeking to stop the re-opening of the State case to lead more evidence in the matter.

The bench dismissed the application yesterday on the basis that the Harare Magistrates’ Court had already dismissed Sugden’s request for referral.

Chief Justice Luke Malaba said: “We are saying as long as that decision is there, this matter should not come in terms of Section 85 (1) of the Constitution.”

The Con-Court application had been made after prosecutors sought to re-open the case and lead more evidence from witnesses after the closure of the State case. This also followed the dismissal of Sugden’s application for discharge.

“It was also argued that the magistrate is functus officio (an officer or agency whose mandate has expired) and could not unless the review application had failed to deal with the matter. It was in this connection argued that the court had already found that there is a prima facie case against applicant.

Sugden is accused of using fake documents to apply for a Zimbabwean passport in Bindura, and is facing fraud charges.

According to court papers, he processed a Zimbabwean birth certificate and a national identity card, which he used to obtain two passports bearing different names, allegations which he denies. When the offence came to light, investigations by the police with the help of the RG’s office revealed that the birth entry number used by Sugden belonged to a woman called Sarudzai Kufa. DailyNews