Businessman Sivan removed from remand as ‘state fails to justify application’
Harare Magistrate Stanford Mambanje granted the application for removal from further remand of Harare businessman Ofer Sivan and his personal assistant Cassandra Myburg who had numerous allegations lodged against them.
In his ruling, Mambanje said the state failed to justify its application for further remand.
“The state has not justified further remand, therefore further remand is refused,” said Mambanje.
State Prosecutor Whisper Mabhaudhi had pleaded with the court for further remand of the accused persons to allow for further investigations. This is despite the fact that when the accused persons appeared in court on the 28th of July, the prosecutor had confirmed investigations were complete.
It was also stated at the last appearance that the prosecution’s intention was to withdraw the charges, and were only waiting on a final confirmation of this recommendation from the head office of the National Prosecuting Authority (NPA).
Mabhaudhi said the state had ceased with the matter and was aware of the hardships the accused persons were facing in regularly appearing in court.
The state conceded that the complainant in this matter, Gilad Shabtai was a fugitive of justice and currently out of the country, and as confirmed by the state that he previously had a pending warrant of arrest against him.
In opposing the application, Sivan and Myburg’s lawyer Jacqueline Sande said there was no need for further remand as the state had indicated on three previous occasions that investigations were complete and the recommendation was made to withdraw all charges as it is clear that this whole case is based on malicious intent from the complainant.
Meanwhile, Shabtai is reportedly under investigation for misleading President Emmerson Mnangagwa by attempting to portray himself as a new investor yet he has been in and out of the country for the past eleven years with numerous assets attained by himself and companies which he has been involved in.
He has numerous criminal charges against him in which he has failed to avail himself to authorities to answer to these allegations for over a year, but has allegedly used the excuse of medical reasons for fleeing.