Online Reporter
Zvikomborero Parafini
TOP eye specialist Dr Solomon Guramatunhu is leaving no stone unturned in his bid to recover US$550,000 worth of cryptocurrency he lost to two individuals.
He has written to the National Prosecuting Authority urging them to appeal against the decision by a regional magistrates court to acquit them.
This follows a legal battle in which Lloyd and Melissa Chiyangwa were acquitted of fraud by regional magistrate Marehwanazvo Gofa.
The magistrate ruled that there was no evidence cryptocurrency was legal tender in the country.
Dr Guramatunhu, through his lawyer Admire Rubaya, wrote to the NPA arguing the magistrate erred in clearing the two and wants the State to appeal against the decision at the High Court.
“The Regional Magistrates Court grossly erred and grossly misdirected itself in concluding that crypto currency tokens were not property capable of being stolen simply because crypto currency is not recognised in Zimbabwe as legal tender, as if property needs to be legal tender for it to be adjudged as capable of being stolen.
“Our client is of the firm view that the High Court of Zimbabwe will arrive at a different decision,” Rubaya said in the letter.
Rubaya argues that crypto currency is property which is capable of being stolen in that it is covered under incorporeal right vested in a person relating to movable property.
He said cryptocurrency can be cashed out in the form of ordinary money, including any foreign currency such as United States Dollars.
“In this instance, it is our considered view that money cannot been limited only to that which can be termed ‘legal tender’ in Zimbabwe.
“Money includes ‘an entry in an account.’
“There is no indication that the account being related to in Section 112 of the Criminal Law Codification and Reform Act is only the normal bank account.
“Crypto currency tokens are kept as entries in a crypto currency account.”
Rubaya also urged the NPA to cast its net wider as supported by the law. “We urge you to consider that when one has control of the crypto currency account, that person has control of the crypto currency tokens which means the owner of the account has an incorporeal right vested in him or her and that right is capable of being unlawfully and intentionally taken.
“The Chiyangwas connived to unlawfully and intentionally assume title in relation to Dr Guramatunhu’s incorporeal right to exercise title to the crypto currency tokens, which were in his various crypto currency account through unlawfully transferring the crypto currency tokens from Dr Guramatunhu’s crypto currency accounts to their own wallets.
“In light of the arguments raised herein, with a view to ascertain whether there are no prospects of success on Appeal against the Chiyangwas’ acquittal, we have been further instructed to assist you with research and legal material to allow you to appreciate the legal issues raised herein so that the Chiyangwas can be held accountable for their criminal misconduct.”
Mathew Masinge