Online Reporter
Danisa Masuku, Court Writer
THE lawyer representing Bulawayo City Council (BCC)’s senior divisional officer in charge of the ambulance unit, Peter Dube, who is accused of defrauding the council of 37 560 litres of fuel worth about US$54 637, has claimed that the vehicle used by his client had developed a mechanical fault and the odometer was dysfunctional.
Dube appeared in court on Thursday for trial before Bulawayo Provincial Magistrate, Mr Richard Ramaboea, facing 13 counts of fraud.
Through his lawyer, James Dliwayo, he pleaded not guilty to all the counts. The accused had been authorised by the local authority to refuel his vehicle to full tank at either Khami Stores or Famona Fire Station for official duties.
The State witness, Bulawayo Chief Fire Officer Mr Mhlangano Moyo, sequentially narrated how the scandal was discovered.
“I received an anonymous call stating that there was something suspicious in the way the accused refuels his car at either Khami stores or Famona Fire Station.
“I then carried out an investigation last year for three months — September, October and November. I discovered that in September he used 1 600 litres of fuel while in October he used 1 400 litres and in November he used 1 litres,” he told the court.
“I noted that there was an anomaly and took the matter to our auditors, leading to the unearthing of this massive scandal.”
Mr Dliwayo cross-examined Mr Moyo. “Mr Moyo, do you have documentary evidence to show where the accused signed when he drew fuel?” he asked.
Responding, Mr Moyo said: “The evidence is there in our records”, to which the lawyer further asked: “What will be your comment if the accused says the vehicle had a mechanical fault causing fuel to leak and the vehicle was too old and not constantly serviced, causing it to consume huge amounts of fuel?”
Mr Moyo responded saying: “I didn’t receive any report about the malfunctioning engine. But to my best knowledge, the engine was efficiently functioning”.
Mr Dliwayo further asked: “Do you understand the charge, Mr Moyo? The charge has an element of misrepresentation. Did he misrepresent?”
In response, Mr Moyo answered, saying: “The accused occupied an office of authority. He sent his subordinates to collect the fuel on his behalf and they are the ones who signed.”
To which Mr Dliwayo asked: “So where did you get the mileage since the odometer was not functioning?” In response, Mr Moyo said: “It was functional and the kilometres travelled were recorded in the requisition form.”
Mr Dliwayo: “Do not be economical with the truth; there is no such information. Be honest to this court”.
Prosecuting, Mr Denmark Chihombe said during February 2021, the accused misrepresented to fuel attendants at Khami Stores and Famona Fire Station to refuel his vehicle. The accused person omitted to account for the fuel, thereby prejudicing the council 472 49 litres of diesel, amounting to US$689,84 for his personal use.
In March 2021, Dube allegedly repeated the offence, incorrectly accounting for fuel and prejudicing the council of 491,07 litres of diesel worth US$716,96. In April 2021, the accused again misrepresented to fuel attendants to refuel his command vehicle.
“Dube incorrectly accounted for the fuel, thereby prejudicing BCC of 771,9 litres of diesel amounting to US$1 126,97 for his own use,” the court heard.
In May 2021, he allegedly defrauded the council of 614,11 litres of diesel worth US$896,60.
Between September 2021 and May 2022, he allegedly defrauded his employer of 5 460.76 litres of diesel, amounting to US$7 972,71. Between June and July 2022, he reportedly prejudiced the council of 413 77 litres worth US$604,10.
The court heard that between August and November 2022, Dube allegedly diverted 1 524,50 litres of diesel valued at US$2 225,77.
Between January and April 2023, he reportedly diverted 3 790,05 litres worth US$5 533,47.
From May 2023 to March 2024, he allegedly prejudiced the council of 9 787,43 litres of diesel, amounting to US$14 289,65.
Between April and June 2024, Dube allegedly diverted 4 924,03 litres worth US$7,189.08, while in July 2024, he allegedly took 1 499,62 litres valued at US$2 189,45.
Finally, between August and November 2024, Dube reportedly diverted 6 923,84 litres of diesel, amounting to US$10 108,81 for his personal use.
The matter has been postponed to December 8 for the continuation of the trial.
