Online Reporter
Danisa Masuku, [email protected]
A BULAWAYO City Council (BCC) senior divisional officer in charge of the ambulance unit, who was initially facing fraud charges before they were altered to theft, has had his application for discharge dismissed.
In dismissing the application, Bulawayo Provincial Magistrate Mr Richard Ramaboea said it came as a shock because the elements of theft had been proved.
Peter Dube, who for the greater part of the trial had been facing fraud chargess involving 37,560 litres of diesel worth about US$54,637, before the charge was altered to theft, appeared on Monday for an application for discharge.
“The court is in agreement with the State that it failed to prove the elements of fraud, but the elements of theft are present. The application for a discharge came as a shock because a theft charge has been proved. How can you apply for discharge if the elements of another charge have been proved?” said the magistrate
A State witness, Mr Busisani Dube, a mechanic at BCC, told the court that the ambulance used by Mr Dube was serviced regularly.
“The ambulance, number 005, which was used by the accused, was serviced regularly, and it is a lie that it was old and malfunctioning. It consumed fuel normally. The engine was in good condition. Each time we serviced the vehicle, we would enter the information in the service book,” said Mr Dube.
The accused is represented by Mr James Dliwayo, who argued that the vehicle was not regularly serviced and that when it was taken to a local garage, experts found that the engine was wet.
“The mechanical experts at a local garage found that the engine was wet, proving that it was leaking,” he said.
Prosecuting, Mr Milton Moyo said that in February 2021, Dube misrepresented to fuel attendants at Khami Stores and Famona Fire Station, failing to properly account for 472.49 litres of diesel valued at US$689.84.
The court heard that in May 2021, Dube allegedly defrauded the council of 614.11 litres of diesel worth US$896.60. Between September 2021 and May 2022, he allegedly diverted 5,460.76 litres valued at US$7,972.71, while between June and July 2022, he reportedly prejudiced the council of 413.77 litres worth US$604.10.
From August to November 2022, Mr Dube allegedly diverted 1,524.50 litres of diesel valued at US$2,225.77. Between January and April 2023, he allegedly misappropriated 3,790.05 litres worth US$5,533.47. From May 2023 to March 2024, the accused reportedly prejudiced the council of 9,787.43 litres of diesel valued at US$14,289.65. Between April and June 2024, he allegedly diverted 4,924.03 litres worth US$7,189.08, while in July 2024, he allegedly misappropriated 1,499.62 litres valued at US$2,189.45.
Finally, between August and November 2024, Mr Dube is alleged to have diverted 6,923.84 litres of diesel worth US$10,108.81 for his personal use.
