2 cleared of fraud charges

Yeukai Karengezeka

Court Correspondent

THE Harare Magistrates’ Court has acquitted former Council for Legal Education (CLE) executive secretary Huggins Duri and Zimbabwe National Army legal officer Grace Kurasha of fraud charges.

The two were accused of conspiring to fraudulently obtain a Council for Legal Education certificate of completion for Kurasha, falsely certifying that she had passed her conversion examinations.

Delivering the verdict, regional magistrate Mr Taurai Manwere ruled that the State failed to prove its case beyond reasonable doubt.

He criticised the prosecution’s reliance on inconsistent witnesses and its failure to present crucial documentary evidence.

Mr Manwere said the burden of proof lies solely with the State and that the accused were under no obligation to prove their innocence.

“The State failed to provide sufficient evidence to establish that the accused persons connived and fraudulently obtained the certificate of completion. The defence’s version that the certificate was lawfully acquired, is reasonably possibly true,” he stated.

Duri, represented by Mr Tamutsa Muzana and Kurasha, represented by Mr Admire Rubaya, denied the allegations.

The State claimed that between March 2019 and January 2023, Kurasha paid Duri US$1 000 to manipulate Council for Legal Education processes and fraudulently secure the certificate.

Council for Legal Education examination coordinator Ms Vimbainashe Rutendo Sigauke, a key witness, initially claimed that the certificate was fraudulent but later admitted she had no evidence to confirm that Kurasha had not registered or passed the exams.

Under cross-examination, Sigauke contradicted herself multiple times and refused to answer questions about allegations of printing a fraudulent certificate for herself, damaging her credibility.

The State also failed to present Council for Legal Education records that could have clarified whether Kurasha had taken the exams, citing privacy concerns.

The court found this explanation implausible. In addition, a 2021 break-in at Council for Legal Education offices resulted in the theft of files and computer records, further complicating the case.

Kurasha maintained her innocence, providing military training records and the disputed certificate as evidence.

She also offered an alibi, stating she was attending a military course in Gweru when the alleged fraud occurred, a claim corroborated by her military records.

Duri asserted that all Council for Legal Education procedures were followed lawfully.

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