Online Reporter
Yeukai Karengezeka-Chisepo
Court Correspondent
A Borrowdale woman and her co-accused have been acquitted of theft of trust property charges involving assets valued at nearly US$35 000 after a Harare magistrate ruled that the allegations arose from a civil contractual dispute rather than a criminal offence.
Robyn Mary Hutchings (61) and Munyaradzi Taruvinga (30) were found not guilty by magistrate Mr Tapiwa Kuhudzai after their lawyer, Mr Malvern Mapako, successfully argued that the charges were legally defective.
Mr Mapako submitted an application for exception, contending that the State had failed to disclose the essential elements of theft of trust property and that the dispute stemmed from a business separation agreement.
In his ruling, Mr Kuhudzai agreed, saying the facts presented before the court disclosed no criminal offence but a matter involving contractual obligations between former business partners.
The magistrate further held that even if the State sought to amend the charges, the defects could not be cured because the allegations did not constitute theft of trust property.
He consequently acquitted both accused persons. The complainant is Chipo Joginah Ndudzo, and the accused persons maintained their position that the charge was malicious on the part of Chipo Ndudzo.
They argued that Ndudzo caused the arrest after discovering the registration of a trademark over the cinema name, which name was not part of the separation agreement.
