happiness Chikwanha
Yeukai Karengezeka
Court Correspondent
Harare regional Magistrate, Mrs Feresi Chakanyuka yesterday slapped businessman Luka Ignatius Fabris with a US$300 fine for defrauding a woman half a million dollars in a botched cattle ranching deal.
Fabris was jointly convicted with Spartan Security (Pvt) Ltd, where he is a co-director.
He was also given a wholly suspended sentence of 12 months imprisonment on condition that he does not commit a similar offence in the next five years.
Spartan was also fined US$300.
Fabris was initially convicted of defrauding Mrs Leigh Ann Patricia Rudland of US$1 million. However, it later emerged that she is owed US$460 000.
Yesterday Mrs Chakanyuka ordered Fabris to restitute Mrs Rudland US$460 000 or the equivalent in local currency by July 31.
It was the State’s case that in 2019, Fabris, acting on behalf of his company, approached Mrs Rudland and told her that his business was involved in cattle ranching.
He persuaded her to invest in the business and promised that she would get 2 percent of her total investment every month.
Mrs Rudland, through her lawyers, transferred ZWL4.8 million on March 21, 2019.
The two verbally agreed that the money was equivalent to US$1 million at the prevailing bank rate.
After Mrs Rudland injected her investment, she only received US$540 000 in total returns and thereafter, Fabris stopped giving her any money.
In his defence, Fabris said although they agreed on the value of Mrs Rudland’s investment, that value was lost due to inflation. He said the company’s directors declined giving her more money as it would amount to an unjust enrichment of the complainant.
He denied defrauding Mrs Rudland.
Mr Anesu Chirenje represented the State.
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