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Fidelis Munyoro Chief Court Reporter
A former Zimbabwe Revenue Authority (ZIMRA) accountant yesterday had his two mansions, top-of-the range vehicle plus shares forfeited to the State because they were acquired using proceeds of crimes committed at the revenue authority.
Justice Benjamin Chikowero granted the Prosecutor-General an application for civil forfeiture order under the Money Laundering and Proceeds of Crime Act to confiscate Chidemo’s certain immovable property, a vehicle and shares in certain companies.
Civil forfeiture is a legal process that enables a government to seize property and other assets belonging to persons suspected of committing a crime.
The main purpose of civil forfeiture is to provide an effective means of prosecuting criminals and fighting organised crime.
Since its inception, the Second Republic placed an emphasis on targeting the activities of organised criminal activity, hence civil forfeiture was the culmination of this enforcement approach.
Chidemo, through his legal counsel, opposed the State application for civil forfeiture.
Though he admitted working in Zimra’s Value Added Tax Refund Section, he denied transferring US$ 1 239 083 into the bank accounts of nine illegitimate recipients, who in turn handed over the money to him.
He claimed to have bought some of the properties targeted for forfeiture before he joined the revenue authority.
But Justice Chikowero in his judgment yesterday, ruled that Chidemo’s two mansions in Glen Lorne and Chishawasha Hills in Harare, a flat in Harare’s city centre, a Mercedes Benz and 2500 ordinary shares in Derwent Lodge along Josiah Chinamano Avenue were tainted property hence should be forfeited to the State.
Chidemo used the paynet system facility, by diverting money into his wife Tsitsi Kanyasa personal bank accounts of his wife, relatives and other proxies.
Evidence adduced in court showed that Chidemo had sole access to the paynet system facility and he was responsible for disbursing Value Added Tax refunds.
Though Chidemo sought to implicate other workers at the revenue authority, Justice Chikowero said it did not matter whether he acted alone or jointly with other Zimra employees to commit the offence.
He found his footprints were all over the place and several persons linked him to the offence right up to the receipt of the proceeds of crime.
“The first respondent was the sole Zimra Value Added Tax refund section employee incriminated by those who placed deposition before me,” said Justice Chikowero.
It was also the judge’s finding that Chidemo’s link to the offence was corroborated by his conviction on two counts of theft, finding that his bare denial could not make the probabilities equal.
The judge, however, threw out the State’s bid to confiscate 2800 shares in Park Lane Court Private Limited owned by Chidemo.
Chidemo is serving a six-year jail term for stealing more than US$1 million from the revenue authority’s bank account and went on a property buying spree.
He unbelievably amassed wealth worth millions of dollars within a short space of time despite having received a total of $76 279 during his period of employment stretching from 2010 to 2016.
“Resultantly, I find that the first respondent either defrauded, stole or committed some other kind of criminal conduct resulting in Zimra losing the sum of US$1 119 833,” he said.
Head of Asset Forfeiture Unit at the Prosecutor-General, chief law officer Mr Chris Mutangadura, represented the State and argued that the properties were proceeds of crime.
He submitted that the properties were bought with proceeds of a crime and that they must be forfeited to the State, arguing that a forensic reconstruction of the circumstances of acquisition of the properties by Chidemo clearly pointed to money laundering.
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