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Zvikomborero Parafini
THE two businessmen accused of defrauding businessman Felix Munyaradzi in a high-profile US$3 million fraud case have been jailed for 20 years.
Jacob Muyambo and Saymore Mutakura will serve an effective 18 years after two years were suspended.
Magistrate Stanford Mambanje yesterday ruled that imprisonment was a sad necessity in the US$3 million fraud case.
Amos Kagona, also known as Chidhedhedhe and was one of the accused, died in Harare last week and was buried in Bindura yesterday.
He died on the same day his colleagues were convicted and was laid to rest on the day they were sent to jail.
Magistrate Mambanje also ordered that stands at the centre of the dispute to be returned to the registry of Delatfin which shall assume ownership of the land worth US$3 million.
“The evidence led by the State was credible and reliable, the amount involved totalled to above US$3 million, a figure that was obtained by an auditor who testified in this court.
“The second accused person, Kagona, passed away on judgment day and may his soul rest in peace.
“They are first offenders who must be treated with leniency and be given a chance to reform
“But, that’s not the ultimate solution, the State made emphasis on the value of the stolen property, this is a very serious case of fraud it was premeditated and they came up with an intricate plan to defraud Munyaradzi.
“Muyambo abused his office and the trio was persistent in their enterprise and bit the hand that fed them.
“Their moral blameworthiness is high hence the sentence must fit the crime and be blended with mercy.
“A sentence that’s too light is the same as the sentence that’s too heavy and both may bring the judicial system into disrepute.”
He added:
“The offence was committed in aggravating circumstances, they took advantage of their links with the company hence imprisonment is a sad necessity to the duo, it’s a bad case of fraud with a sky high value.
“The available mitigating factors are outweighed by the aggravating factors and they can only get them a slight reduction.
“The property stolen shouldn’t have been sold because these are commonage stands that should be reverted to the registry of Delatfin which shall assume the ownership of the stands,” he said.
That clause of the sentence leaves the owners of the stands in a quandary.
District public prosecutor Tafara Chirambira proved that from August 2015 to March 2018 Muyambo, Kagona and Mutakura teamed up and defrauded Delatfin Civil Engineering.
Online Reporter