Clerk fleeces judge . . . pockets $300 in medical aid refunds

Fungai Lupande Court Reporter—
High Court judge Justice Edith Mushore testified in court on Monday against her clerk, Perai Mashava, who is accused of stealing her $30 monthly medical aid reimbursement for 10 months. Mashava (42) appeared before Harare magistrate Mrs Vongai Muchuchuti-Guwuriro facing theft of trust property charges. Harare lawyer Ms Joyce Sithole asked for postponement of the matter because Mashava’s lawyer of choice, Mr Norman Mugiya, was not available.

Mrs Guwuriro objected and indicated that State was ready to proceed to trial. Mashava pleaded not guilty and in his defence said he handed over all the money to the judge. Testifying as the first State witness, Justice Mushore said she was not aware that she was receiving $30 every month as medical aid refund from the Registrar of the High Court.

“I worked with the accused for a year from November last year to end of November this year. He was supposed to collect $30 every month as a refund for my medical aid from the Registrar of the High Court,” said Justice Mu- shore.

“End of November this year, accused went away on study leave at the University of Zimbabwe and I was allocated another clerk, Constance Shiri. “A clerk to one of my colleagues gave me an envelope containing the refund money. The following day, her boss, Justice Phiri, mentioned that there was a judicial clerk arrested for stealing medical aid refunds.

“He explained that we get the money every month. I asked the accused and he said he had been placing the money in my drawer. “At one time, I did allow the accused to access my drawer when I am on vacation so that he could access my fuel coupons. He stole two of my coupons.”

Before the judge could be cross-examined by Ms Sithole, another lawyer, Mr Tawanda Takaindesa, came and asked the magistrate to recuse herself. “I was instructed by Mr Mugiya to apply for postponement because he wants the presiding magistrate to recuse herself,” said Takaindisa.

“I suggest that the application be made in chambers because there are some issues in regards to this matter, which cannot be addressed in an open court.” The matter proceeded in camera and was adjourned to Friday.

Allegations are that between January 1 this year and October 31, Mashava collected $30 each month on behalf of Justice Mushore and pocketed the money.