Online Reporter
Zvikomborero Parafini
BUSINESSMAN and farmer Philemon Maruta has been cleared of allegations of theft of trust property involving close to US$10,000 which had been raised by a Harare woman after the collapse of their relationship.
Sandra Jeche had alleged that she gave Maruta different amounts of money on four occasions for the purchase of raw materials from a supplier in South Africa.
The State alleged that the transactions were never fulfilled and the complainant lost close to US$9,650.
Represented by Admire Rubaya, Maruta pleaded not guilty to the allegations when he appeared before Harare magistrate Artwell Sanyatwe.
He told the court that he was in a relationship with Jeche during which the exchange of money between them was normal.
He said things changed when he ended the affair. He said is the one who was actually owed money by the complainant.
“The accused asserts that he was in a love relationship with the complainant wherein the complainant repaid some monies that she had borrowed from the accused person to the extent that what the complainant allegedly paid to him, if any, was repayment of money that had been advanced to her during the time the two were still having a love affair,” his lawyers said.
“The accused person asserts that what the complainant alleges would have resulted in an illegal transaction wherein the parties would have contravened Exchange Control regulations.
“The accused person would not have entered into such alleged agreement,” he said.
Rubaya described the charges as frivolous and vexatious adding that Jeche was abusing the criminal justice system in a bid to get money from Maruta .
“The complainant alleges in her statement that the accused person was supposed to facilitate payments for alleged unnamed raw materials from suppliers in South Africa and transportation, yet the particulars of the charges are to the effect that the accused was supposed to hold onto the money and pay it back.
“What the complainant alleges, taken at its highest, created an alleged contractual relationship where the accused had alleged obligations thus if at all the complainant should have instituted civil proceedings pursuing specific performance but she is abusing the criminal justice system in a bid to fast-track the repayment of money arising from a prescribed claim with the accused person being afraid of the criminal sanction attached to criminal prosecution.”
The court concurred with the defence.
The acquittal ends close to two years of criminal prosecution for the businessman.
