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Tendai Rupapa Senior Court Reporter
A bid for freedom by a Harare man, Brian Tarisai Kambasha, who was jailed for an effective three years for stealing $50 000 from Air Force of Zimbabwe Commander Air Marshal Perrance Shiri in a botched solar power system deal, yesterday hit a brick wall after his application for bail pending appeal was dismissed.
Kambasha (32) last week made an application for bail pending appeal against both conviction and sentence.
He was convicted of theft of trust property together with his company, Hemmingworth (Pvt) Ltd, after a fully contested trial.
He was sentenced to five years in prison, but two years were set aside on condition of good behaviour and restitution.
In dismissing the application, magistrate Mr Milton Serima said Kambasha was likely to abscond if granted bail considering his links outside the country.
The court noted that Kambasha has links in the United Kingdom.
“Accused has been working in the UK for some time, and has connections there and he is likely to go back if granted bail. He was convicted of a serious offence and he was properly convicted after assessing the overwhelming evidence in the circumstances,” he said.
In his application, Kambasha through his lawyer Mr Tazorora Musarurwa said; “The learned magistrate erred in finding the appellants guilty when the State had failed to establish the essential elements of the case.
“The appellants did not convert the money to their own use and clearly accounted for it. There was no prima facie evidence.
He added: “The court erred in ordering the appellant to restitute the complainant in the sum of $50 125 less than two months whilst in custody or spend 12 months in prison notwithstanding the evidence did not prove that this amount had been converted to his own use. The time period given is so short that it is tantamount to serving the effective prison term.”
The State, led by Mr George Manokore, opposed the application arguing that if granted bail Kambasha was likely to abscond.
“His appeal has less or has no chances or prospects at all. There is no debtor-creditor relationship to talk about as he was given a purchase price and he was supposed to deliver. He was supposed explain how he used the money,” he said.
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