Chinese couple, local busineman have case to answer

case to answer, a regional magistrate ruled yesterday.
Regional magistrate Mr Never Katiyo said the three should be put to their defence.
The couple, Zhaosheng Wu and Yan Yu, who are jointly charged with Dawid Johannes Erasmus, the director of Eras Accounting and Executor Services, had applied for discharge at the close of the State case.
They argued that they had no case to answer because the State had failed to prove a prima facie case against them.
However, Mr Katiyo dismissed their application and said the reasons will be availed. The case continues today.
Prosecutor Mr Editor Mauto had opposed the application arguing that there were a number of issues which needed to be clarified by the three.
He said this could only be achieved if the three were put on their defence.
He argued that the complainant was prejudiced because right now he does not have access to the company, which is currently in the accused’s hands.
Sometime in July this year the three made a constitutional application to the Supreme Court saying the refusal by Mr Katiyo to refer the matter to High Court in terms of section 24 (2) violated their constitutional rights.
They argued that their matter was not criminal but civil thus by treating a civil matter as a criminal case, their constitutional rights were being violated.
Chief Justice Godfrey Chidyausiku sitting with Justices Wilson Sandura, Vernanda Ziyambi, Paddington Garwe and Misheck Cheda dismissed the application.
Allegations are that the couple agreed to buy Monomotapa Garden Furnisher (Pvt) (Ltd) belonging to Dias, but got Erasmus to forge a share certificate purporting he was the director of Monomotapa Garden Furnisher.
They transferred 1 000 shares into the couple’s company, Shomet Industrial Development. The shares were valued at US$500 000.