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Court Reporter
Former Chitungwiza mayor Philimon Tawengwa Chipiyo, who pleaded guilty last Friday to a charge of swindling a home seeker of more than US$7 000 in a botched stand deal, will be sentenced today.
Chipiyo (76) and his co-accused, Vincent Didymus Tom Baris (53), had initially pleaded not guilty but threw in the towel halfway their trial after the State called three witnesses.
After pleading guilty, Chipiyo told the court that he is battling cancer and so cannot stand a custodial sentence.
Baris also pleaded for the court’s leniency saying he benefited only US$1 000 from the crime.
In aggravation, prosecutor Mr Desire Chidanire told the court that Chipiyo abused his position as a mayor at the time he committed the offence.
“Chipiyo was also recently convicted at this court on similar charges and I urge the court to ensure that he restitutes the complainant in this matter,” he said.
Mr Chidanire told the court that Chipiyo connived with Baris on June 24 last year and sold Real Rachel Mhike’s property number 20438, located in Unit G Extension in Chitungwiza, to Jeremiah Chiraya for US$7 300.
The two misrepresented to Chiraya that the land belonged to the former city father.
The property, according to the court papers, belongs to Mhike who died on September 26 2001. Baris approached Chiraya, who wanted to buy the stand and misrepresented to him that it belonged to his colleague, Chipiyo.
Thereafter Baris accompanied Chiraya for the viewing of the stand and the latter was satisfied and showed interest in buying it.
Chiraya was then ordered to pay US$7 300 for the stand which money he paid to Baris at Chitungwiza Town Centre on the same day.
In July 25, Baris accompanied Chiraya to Chipiyo’s house where Chipiyo confirmed receiving the money for the stand.
Chiraya later approached Chipiyo and sought permission to develop the stand before change of ownership and the same was granted.
Chiraya then constructed his house and started living on the stand, but the fraudulent deal was exposed sometime in January this year when Chiraya was approached by Mhike’s executor, Trevor Godzongere, who informed him that the stand was, in fact, property belonging to a deceased person’s estate.
The matter was subsequently reported to police leading to the two men’s arrest.
Online Reporter