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Tendai Rupapa Senior Court Reporter
THREE Guruve men who forged a will purporting that their late employer had left his properties worth US$200 000 for them have been jailed for three years each.
Bruno Antonio (34), Silver Kangadzi (63) and Teky Sangurukani (40) were convicted of fraud and forgery by Bindura magistrate Mr William Bhila.
Mr Bhila sentenced each one of them to four years in prison before suspending one year on condition of good behaviour.
The trio has since filed an appeal against both conviction and sentence.
In their application, the men said they were not properly convicted arguing that the witness’ testimony could not be relied upon because it was hearsay. Such testimony, they argue was not admissible at law.
The matter will be heard on August 29, at the High Court. In sentencing them Mr Bhila said: “Those who compile fraudulent documents as in this case and present them to courts of law should go to prison. The compilation of the document reveals considerable premeditation and calculation on their part and they grossly abused the process of the court.
“Even if convicted persons are first offenders, there is no law that says first offenders should not serve prison term.”
Mr Peacock later died on August 20 2006, and according to his will, his properties were to be distributed among his children who were out of the country.
On a date unknown to the prosecutor, the three hatched a plan to swindle the deceased of his properties which included a house and a farm. They manufactured a fake document which purported to have been made by Peacock giving them the right to own the properties. One of Peacock’s sons, Ian, returned to Zimbabwe and discovered the offence.
The court also heard that to cover up the offence, in December 2011, the trio took the fake ‘will’ to Guruve Magistrates’ Court where they opened a civil case to apply for a permanent interdict against the deceased’s son. As a result of the misrepresentation, a Guruve magistrate ruled in favour of the three.
Online Reporter