The state unsuccessfully filed an application to remove presiding magistrate Stanford Mambanje from the trial of Premier Service Medical Aid Society (PSMAS) bosses who swindled millions of dollars from public finances.
Four bosses, Chief executive officer Farai Muchena, senior officials Victor Chaipa, Shingai Mabutho and Tafadzwa Gutu are appearing on trial before Mambanje.
Chaipa prompted the application for recusal of the magistrate by the State after his lawyer Tapson Dzvetero filed an opinion piece in the magistrate record stating that the State needed to withdraw the charges against his client for lack of evidence.
The opinion by Dzvetero was supposed to be given to the State first before the magistrate and Prosecutor Madhume in his application submitted that since the opinion was filed in the magistrate record he should recuse self for the good administration of justice.
But in his ruling Mambanje admitted that the opinion record was indeed placed in his record but did not have time to read it.
He then dismissed the application by the state.
Mambanje then postponed the matter to October 25 for the continuation of trial.
It is the State’s case that in January 2015 and January 2017, PSMI appointed board members, Colonel Wellington Tutisa, Cecilia Alexandra, Richard Gundani, Vimbikai Magnes, Kusema, Loveness Dumwa, A. Friend, Miriam Chahuruwa, T. Shaw and Dr E, Purazi for the undertaking of the company’s strategic decisions and effective governance.
The board members signed contracts of appointment for the period 2015 to January 2018.
It is alleged that sometime in December 2018, Muchena and Chaipa, acting in common purpose, diverted PSMI company funds entrusted to them by approving yearly payments of holiday allowances to board members, which they were not entitled to.
Tutisa, the board chairperson, reportedly received holiday allowances of US$45 902.
Cecilia Alexander, the vice chair, got US$22 249 while each PSMI board member got US$6 745.
It is alleged that US$115 373 was taken from PSMI.
PSMI was also prejudiced of US$243 000.
It is further alleged that in 2020, Mabuto working in common purpose with Gutu, diverted funds by approving holiday allowances to eight board members amounting to $5 084 176, which they were not entitled to.
It is alleged that in 2021, Gutu and Mabuto approved holiday allowances amounting to $9 372 522 for the nine board members.
