Debt collector off the hook

Prosper Dembedza Court Correspondent
A DEBT collector with Bherebhende Law Chambers was last week acquitted on charges of swindling a client of $13 000. Sarah Hwingiri, who was accused of theft of trust property, was cleared after magistrate Mrs Vongai Muchuchuti ruled that the State failed to prove a prima facie case against her.

Mrs Muchuchuti also ordered that Hwingiri be given back a Mercedes Benz vehicle which was in dispute. “The complainant’s evidence was marred by inconsistencies and the court acting carefully could not convict Hwingiri,” she ruled.

“The possession of the vehicle by Hwingiri is neither illegal nor criminal, making it a civil matter which this court has no jurisdiction over.”

The complainant was Katija Da Silva Marques who is employed by Skylark and Tours as a senior travel consultant.

The prosecutor Ms Gayton Vhiriri alleged that on September 24, 2010, Marques took a $50 000 loan from CBZ Bank.

The court heard that she pledged her mother’s house as surety. The house was sold and awaited confirmation of the sale by the Sheriff after Marques failed to service the loan.

Marques was introduced to Hwingiri who was said to be one who could help her reverse the sale of the house.

Hwingiri was allegedly given $1 500 as consultation fee and a Mercedes-Benz ADJ 4793 to sell and pay the bank.

Later Marques started alleging that Hwingiri converted the vehicle to own use and that on different occasions she allegedly paid her a total of $7 000.