Former company director faces judgment

Yeukai Karengezeka

Court Correspondent

THE State has closed its case against Michael Smith, a former director of MA Auto Suppliers (Pvt) Ltd, trading as Mr Cruiser, who stands accused of defrauding the company of at least US$38 000 and R124 000.

Smith is facing a slew of charges, including two counts of theft of trust property, 12 counts of fraud and 25 counts of corruptly concealing transactions from his principal.

Last week, State prosecutor Mr Anesu Chirenje submitted witness statements from the last two witnesses in absentia. The defence raised no objections.

Simbarashe Honye, an IT technician at Frampol Investments, testified to his involvement in handling emails that became critical evidence in the case.

Honye confirmed that MA Auto Suppliers had engaged his company to download data from one of its Microsoft accounts, [email protected], onto a new laptop.

“On November 7, 2022, I downloaded the specified data onto a Dell Inspiron 5485 laptop as per the client’s instructions.”

Later, on September 15, 2023, Honye was asked to print specific emails from the downloaded data.

The printing was done in the presence of MA Auto officials Christine Vellah and Michael Scott Asher, as well as a detective assistant inspector from the CID Commercial Crimes Division. 

Honye authenticated the printed emails by stamping and signing them, cementing their validity as evidence in the trial. Another key witness, Anthony Norman Bown, recounted a transaction with Smith in October 2022.

Bown, who sought to purchase a Toyota Land Cruiser rear bumper and spare wheel carrier from Gobi-X in South Africa, said Smith instructed him to deposit R77 122 into a First National Bank account, Mant Procurement (Pvt) Ltd, instead of the official company account.

“A few weeks later, Smith informed me that the order had arrived, and I could collect it,” Bown stated.

In a previous hearing, MA Auto director and shareholder Mr Asher testified that Smith had breached his fiduciary duties under the Companies and Other Business Entities Act by prioritising personal gain over the company’s interests.

Asher, who was overseas in 2019, left Smith in charge of company operations . During this period, Smith allegedly concealed financial records and engaged in fraudulent activities.

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