adminDischarging Muleya on Friday, former Bulawayo provincial magistrate Mrs Rosemary Dube, found that the State had failed to provide prima facie evidence against him.
Mrs Dube, who is now based at the Hwange magistrates’ courts, found that the State led by Mr Jeremiah Mutsindikwa had managed to prove a prima facie case against Jericho Moyo, Martin Framer Ndlovu and Kennias Msipa Zangari, the businessman.
It was the court’s ruling that the trio should be put on their defence and the case was postponed to 20 July when they will open their defence case.
Moyo (48), Ndlovu (50), Muleya (56) and Zangari (60) had pleaded not guilty to the charge.
They are out of custody on $600 bail each coupled with other conditions that include reporting to the police twice a week.
At the close of the State case, Muleya, through his lawyer Mr Christopher Dube-Banda, applied for a discharge arguing that there was no prima facie evidence before the court that he committed fraud.
“At the close of the State case there existed no evidence upon which a reasonable man or woman acting carefully may convict accused of fraud.
“At the material time community funds were not subject to tender. His term of office had expired meaning he was seriously being undermined by council employees. There is no evidence before the court that he acted in connivance with Moyo, Ndlovu and Zangari to defraud the council by overstating the buying price of the two motor vehicles,” submitted Mr Dube-Banda.
He said there was no evidence that his client converted any money nor was there evidence to show that he dealt with Zangari and let alone that he knew that Zangari was a motor vehicle dealer.
In her ruling, Mrs Dube said there was evidence that the two motor vehicles were bought for less that $56 000 and that Moyo, Ndlovu and Mr Bernard Moyo withdrew the money and gave it to Zangari.
“There is no evidence that Muleya was part of the team at this stage. The State managed to establish a prima facie case against Moyo, Ndlovu and Zangari. Muleya’s signing of the requisition was necessitated by the office he held at the council and it has been explained and accounted for by the prosecution through their witnesses,” she said.
Moyo was the Campfire manager, Ndlovu, a finance officer and Muleya, a chief executive officer of the Tsholotsho RDC. Zangari is the director of DAP Diesel Injection and Electrical Services (Private) Limited trading as Inuvik Investment (Private) Limited.
On 18 December 2009, a Tsholotsho RDC Campfire meeting was held at the council hall where councillors from 10 Campfire wards attended.
The meeting resolved that the local authority should purchase two Toyota Land Cruisers for the district Campfire programmes specifically for the problem animals control.
The State was alleging that after the meeting, the quartet connived and hatched a plan to defraud the RDC.
It was alleged that on 12 January 2010, Zangari raised a fictitious DAP Diesel Injection and Electrical Service invoice Number 013067 purporting that he had sold two Toyota Land Cruisers to the Tsholotsho RDC valued at $26 000 and $30 000.
He allegedly handed over the invoice to Moyo, Ndlovu and Muleya and the fictitious invoice was used to influence the release of $56 000 from the local authority’s CBZ Bank account in Bulawayo, the State sought to prove.
On 12 January 2010, the State was alleging that Moyo, Ndlovu and Muleya fraudulently applied to CBZ Bank on a Tsholotsho RDC cash requisition form for the release of the money.
On 14 January 2010, Moyo came to Bulawayo in the company of Mr Bernard Moyo, the district Campfire chairperson, whom he had collected from his homestead so that he could witness the withdrawal of the funds.
In Bulawayo, they met Ndlovu who later withdrew $56 000 from the council’s bank account.
After withdrawing the money, they went to DAP Diesel Injection and Electrical Services (Pvt) Ltd where Zangari was introduced to Bernard as the car dealer who had sold the local authority two motor vehicles.
Ndlovu handed over the money he had withdrawn from the bank to Zangari who then raised an allegedly fictitious receipt Number 3095 acknowledging receipt of $56 000 as the selling price for the two vehicles to the Tsholotsho RDC well knowing that he did not have the vehicles to sell, the State claims.
On 15 January 2010, Zangari went to Cox’s Car Sales (Pvt) Ltd in the city and bought a used Toyota Land Cruiser 1990 model for $11 000.
He bought the vehicle on behalf of the Tsholotsho RDC and allegedly signed his names on behalf of the council.
On 19 January 2010, Zangari went to Tikays Car Sales (Pvt) Ltd also in the city and bought another Toyota Land Cruiser 1993 model for $13 000 and an agreement of sale between the car dealer and Zangari was made.
Zangari delivered the two vehicles to the Tsholotsho RDC and he remained with a balance of $32 000, which they allegedly shared to the prejudice of the council.
The State will seek to prove that Moyo, Ndlovu and Muleya, who are signatories to the council’s CBZ Bank account, authorised the purchase of the two vehicles and the release of $56 000 without following the council’s laid down procedures for the procurement of council assets.
Mr Jacobus Petrus Oberholzer, of J.P. Oberholzer Legal Practitioners is defending Moyo, Advocate Sabelo Sibanda, of SKM Sibanda and Partners is defending Ndlovu and Mr Nathaniel Tawanda Mashayamombe, of Mashayamombe and Company is defending Zangari.
Online Reporter