By Stephen Chadenga
GOKWE regional magistrate Taurai Manwere yesterday granted the state’s application to place prominent Gweru businesswoman Smelly Dube, who is being charged with illegal acquisition and sale of State land, on remand.
Dube’s lawyer Advocate Joshua Chirambwe, instructed by Macpatrick Zinyakatira and Nqobani Sithole, had opposed her placement on remand on the basis that her constitutional rights had been violated during arrest and detention.
They submitted that the violation of the accused’s fundamental rights made her placement on remand a nullity.
But Manwere ruled that once the state managed to meet the requirements that there was reasonable suspicion the accused committed the crime, “accused should be placed on remand”.
He said the constitution provides a remedy to an individual whose fundamental rights could have been violated.
Manwere postponed bail application to March 9 after the state indicated it was against her being given bail.
He said the state could make arrangements on the way forward on remanding the accused, who is reportedly in a critical condition at a local private hospital.
Dube was arrested on Wednesday by the Special Anti-Corruption Unit on allegations of fraud and criminal abuse of office as a public officer.
Since then she has been admitted with court proceedings beginning last Friday at the hospital and continuing in her absence at the Gweru Magistrates Court.