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Prosper Dembedza
The High Court has dismissed an appeal against conviction and sentence filed by two former employees of Delatfin who defrauded their employer of stands valued US$3 million.
The pair was recently jailed for 18 years by Harare magistrate Mr Stanford Mambanje.
High Court Judges Justices Happius Zhou and Neville Wamambo dismissed Jacob Muyambo and Saymore Mutakura’s appeal against a 20-year sentence each which was given by Mr Mambanje after he found them guilty of defrauding Delatfin
The third accomplice Amos Kagona fatally shot himself on the day of sentencing. Mr Mambanje sentenced the pair to 20 years in jail before setting aside two years on condition of good behavior.
In dismissing the pair’s appeal the judges said the magistrate was within the confines of the law when he convicted and sentenced them to 20 years each.
They stated that the imprisonment was a sad necessity in the US$3 million fraud case. They also upheld Mr Mambanje’s order that the stands at the centre of the dispute be returned to the registry of Delatfin which shall assume ownership of the land worth US$3 million.
“The evidence led by the State was credible and reliable, the amount involved totalled to above US$3 million, a figure that was obtained by an auditor who testified in this court.
“The second accused person, Kagona, passed away on judgment day and may his soul rest in peace. They are first offenders who must be treated with leniency and be given a chance to reform.
“But, that’s not the ultimate solution, the State made emphasis on the value of the stolen property, this is a very serious case of fraud it was premeditated and they came up with an intricate plan to defraud Felix Munyaradzi.”
The judges said the pair’s moral blameworthiness is high hence the sentence must fit the crime and be blended with mercy.
“A sentence that is too light is the same as the sentence that is too heavy and both may bring the judicial system into disrepute,” Mr Mambanje ruled.
“The offence was committed in aggravating circumstances, they took advantage of their links with the company hence imprisonment is a sad necessity to the duo, it’s a bad case of fraud with a sky-high value.
“The available mitigating factors are outweighed by the aggravating factors and they can only get them a slight reduction.
“The property stolen shouldn’t have been sold because these are commonage stands that should be reverted to the registry of Delatfin which shall assume the ownership of the stands,” Mr Mambanje ruled.
The case was prosecuted by District public prosecutor Tafara Chirambira who proved that from August 2015 to March 2018 Muyambo, Kagona and Mutakura teamed up and defrauded Delatfin Civil Engineering of stands valued US$3 million.
As the High Court appeal was heard only Muyambo managed to pay bail of US$3000 pending appeal while Mutakura failed and was in custody.
Muyambo was ordered to report to prison forthwith to serve his 18-year sentence.
Online Reporter