Co-director defrauds company, business partner

Senior Court Reporter

The director of vehicle spares and accessories firm, MA Auto Supplies, Michael Gordon Smith, has appeared in court on allegations of duping his co-director of US$11 000 and more than R124 259 after opening a separate company which he allegedly used to siphon the money from the parent firm.

He was not asked to plead to fraud and corruptly concealing a transaction from a principal when he appeared before Harare Magistrate Dennis Mangosi.

Smith was remanded to February 17 on $100 000 bail.

He allegedly duped Michael Scot Asher, a co-director at MA Auto Supplies.

Allegations against Smith are that sometime in October 2019, Michael Scot Asher left for Australia and failed to return due to Covid-19 restrictions until September this year.

Upon his return, Asher discovered that the company was paying its South African suppliers through a third party called Mant Procurement [Pvt) Ltd.

According to the State, Mant Procurement is incorporated in South Africa and is co-owned by Smith and Tony Oatley who is based there. 

Smith had not disclosed this arrangement to his business partner, Asher.

MA Auto Supplies later discovered that Mant Procurement was overcharging the company and as a result, they suffered prejudice in excess of R100 000.

In February, Smith allegedly imported two tents using MA Auto Suppliers (Pvt) Ltd’s resources under the pretext that the tents belonged to the company.

He allegedly sold the tents to one Ms Horsley for US$1 800 before converting the cash to his own use.

In October, Smith allegedly used the same modus operandi to import a Station Wagon Rear Bumper and RHS carrier and the customer paid R24 259 83 directly into Mant Procurement (Pvt) Ltd’s FNB account.

On a separate date, Smith was authorised by Asher to sell their Toyota Land Cruiser to Smith’s son for US$7 500.

Smith allegedly released the vehicle after receiving only US$2 000.

As a result, the company allegedly suffered prejudice to the sum of US$5 500.

It also alleged that Smith attempted to sell three tool boxes to MA Auto Supplies when they already belonged to the company.

The attempt exposed the company to a prejudice of US$3 300.

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