Online Reporter
Zvikomborero Parafini
BUSINESSMAN Shingai Levison Muringi was convicted of contempt of court on Wednesday after he deliberately disposed of a motor vehicle in violation of a court order.
Muringi was convicted after a full trial by Harare magistrate Lisa Mutendereki.
The complainant was Patrick “Chimpa” Mutenha.
In her judgment, magistrate Mutendereki said Muringi had only been granted temporary access to the vehicle which he then disposed of.
“The court wasn’t there to look at the agreement of sale in the strictest sense, but it had to go through the court order and the terms of the court of order had to be read holistically to establish the intention of its issuance.
“The car was subject to a criminal case that was ongoing, he (Muringi) was granted temporary use of the vehicle and it was to be made available if needed without disposing of it.
“The intention was that even though the accused was granted access to the vehicle, he was supposed to keep it and selling the vehicle would have breached the order as he wouldn’t then be able to produce it upon demand by the court.
“Was the vehicle going to be available upon demand after being sold? No. So it’s the court’s finding that he was in breach of the order as he knew that he was supposed to be in possession of the car at all material times,” she said.
Prosecutor Takudzwa Jambawo proved that on August 4 last year, Muringi was arrested for fraud and money laundering, resulting in his white Toyota Hilux double cab, registration number AGE 2352 being impounded and held at CID CCD as an exhibit.
The matter was referred to Harare Magistrates Court for prosecution and he later applied for the release of the car.
On December 18, the Provincial Magistrate granted a Court Order for the release of the motor vehicle from police custody to Muringi but on condition that he would produce the said vehicle upon request.
He was also ordered not to dispose of the vehicle in any way pending the finalisation of the matter.
On December 20, Muringi sold the car to Chimpa for US$50 000, he produced an agreement of sale and never disclosed the status of the vehicle to the complainant.
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