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Cynthia Dube, Court Reporter
A BULAWAYO lawyer has been arrested for allegedly defrauding Willsgrove Farm Enterprises of $50 000 in trust funds which he used to clear a personal debt.
Lesley Bhekimpilo Sibanda, a former attorney at Webb, Low and Barry incorporating Ben Baron and Partners legal practitioners, was Willsgrove Farm Enterprises’ legal executor before committing the crime.
The court heard that Sibanda was fired at the law firm for illegally transferring Trust funds to clear a $50 000 debt owed to Mr Wellsmark John Daemon.
Sibanda was arrested after the company’s managing director Ms Mechele Filannino discovered that he was diverting Trust funds for personal use.
He appeared before Magistrate Mr Tinashe Tashaya facing a charge of fraud.
The magistrate remanded him out of custody to January 28.
Prosecuting Ms Leean Nkomo said in April this year, Sibanda requested a cash deposit of $50 000 for him to use as a performance guarantee for a tender.
She said the lawyer got the money from Willsgrove Farm Enterprises after assuring them it would be safe in his law firm’s bank account.
Sibanda allegedly ran out of luck when he moved the money from the law firm’s account into Mr Daemon’s account to settle a debt.
“The accused stated that the money was going to be held at Webb, Low and Barry incorporating Ben Baron and Partners trust account under Willsgrove Farm Enterprises name. Accused further assured and promised that the company was not going to be prejudiced in any way and the funds were 100 percent secure,” she said.
“On April 22, the company transferred $50 000 to Webb, Low and Barry incorporating Ben Baron and Partners account.
“The accused person credited the money into the Trust account in the name of Wellsmark John Daemon in order to cover up the same amount he owed Mr Daemon,” said Ms Nkomo.
Several lawyers have of late been dragged to court for swindling their clients of thousands of dollars leading to some being de-registered by the Law Society of Zimbabwe (LSZ).
LSZ is threatened with claims amounting to $3 million emanating from theft, fraud, forgery and dishonest practices from its members, with deregistered Cheda and Partners having the highest claim of $1 million.
Last year a top lawyer with the now defunct Cheda and Partners Law firm in Bulawayo, Mlamuli Ncube and three accomplices, allegedly forged powers of attorney and used them to sell two houses in the leafy suburbs of Burnside and Fortunes Gate for $75 000.
Ncube is now on the run after allegedly committing a series of fraud cases.
Recently Bulawayo lawyer Russel Dzete appeared in court for the third time in three months facing a charge of fraud involving $22 000.
Dzete (33) of Marondedze, Mukuku and Partners allegedly connived with one Collet Ncube (48) of Sizinda suburb and prejudiced Ronald Ngorima of a total of $22 600 in a fraudulent stand deal.
Vice-President Emmerson Mnangagwa has said the Government is worried about an increase in bogus and unscrupulous lawyers who are defrauding members of the public.
The VP, who oversees the Justice, Legal and Parliamentary Affairs Ministry, said the Government had noted worrying reports of people who have lost money and properties to rogue lawyers.
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