Chiyangwa’s manager acquitted

scaffolds worth $500 000.
Regional Magistrate Mr Morgan Nemadire cleared Cuthbert Chibwe of the charges at the close of the State case.

Chibwe was employed by the business mogul as the head foreman at the construction site of Pentagon Hotel in Borrowdale, Harare.
In his ruling Mr Nemadire said the State had failed to prove its case beyond reasonable doubt to secure conviction.
“Clearly there is no evidence to sustain a charge of fraud against this accused person. Not a single essential element of the offence of fraud has been proven by the State against the accused.

“Consequently this accused can not be put on to his defence, he is accordingly found not guilty and acquitted,” he said.
Charges against Chibwe arose sometime in 2007, when Pinnacle Holdings hired scaffolding equipment from various companies since the company was involved in massive building projects. The companies from where the equipment was hired were Conford, Tokola Kolaford, Neshamba, Mwendaz and Chikafa, Sommerset, Torrens Crisoon and Lederic Construction.

One of the major projects where the scaffolds were being used was at the construction site of Pentagon Hotel situated at corner Crowhill Road and Carrick Creagh in Borrowdale, where Chibwe was the head foreman.

Between June and December 2009, Chibwe, who was in charge of all construction issues and management of hired equipment, diverted most of the equipment to his private projects. Some of the scaffolds were later identified at different sites by companies that had hired them to Pinnacle Holdings.

Upon being confronted by the owners of the scaffolds, Chibwe indicated that he was the owner of the construction equipment, prompting the companies to carry out further investigations. Pinnacle Holdings authorities were quizzed by the companies over the construction equipment and it was then discovered that Chibwe was allegedly running his private business without Pinnacle Holdings’ knowledge.

Pinnacle Holdings suffered an actual prejudice of US$500 000 for it had to pay for rentals to the owners of the equipment and to replace the missing ones.
The matter was reported to the police, leading to Chibwe’s arrest.