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Prosper Dembedza Court Correspondent
A forty-six-year-old Chitungwiza man who allegedly defrauded an unsuspecting home-seeker of US$32 000 by using fake identity cards to sell a Mandara stand which did not belong to him was yesterday denied bail.
Emerson Chigonyati and his accomplice Enoss Gwangwadza (23), who was freed on $5 000 bail, are facing fraud charges.
Harare magistrate Mrs Barbra Mateko denied Chigonyati bail on the grounds that he was the mastermind of the plan to defraud the complainant.
She said Chigonyati was the one who dealt directly with the complainant in all the transactions.
Mrs Mateko advised Chigonyati to apply for bail at the High Court.
The State was opposing bail saying the accused persons were a flight risk and likely to abscond.
It is alleged that sometime in June this year, the two, alongside two others, hatched a plan to defraud home-seekers and flighted an advert in The Herald offering the Mandara stand for sale.
The court heard that the complainant’s wife phoned and spoke to someone who misrepresented himself as Jupiter Charles Punungwe and gave her directions to the stand and she viewed it and developed interest.
It is the State’s case that the two parties agreed on a purchase price of US$35 000. The couple sold their property in Chitungwiza and advised the suspects that they were ready to purchase the stand. The two accused persons allegedly misrepresented that they lived in Chivhu and hence on August 8 they invited the complainant and his wife there to make the payment.
The court heard that Chigonyati misrepresented to the complainant that he was Punungwe, the owner of the stand, and produced a metal identification card bearing that name.
It is alleged that Gwangwadza identified himself as Sam Mugari, nephew to Chigonyati, and produced a plastic identity card bearing that name.
The accused persons allegedly went on to produce a fraudulent deed of transfer number 0008695/2001 in the name of Punungwe and made the complainant believe that he was buying a genuine stand. The court heard that the complainant paid US$32 000 to Chigonyati, resulting in the signing of the memorandum of agreement of sale.
After the payment, the complainant requested for a group photo to be taken in the company of the accused persons which he took using his cellphone.
The court heard that on August 10 and 11, the complainant made deliveries of building materials to the stand and also invited a surveyor to find a site to drill a borehole.
At that juncture the complainant was approached by a neighbour who informed him that the owner of the stand resided in South Africa and the stand was not for sale. It is alleged that the complainant tried to call the accused persons to no avail, prompting him to report the matter to the police.
With the group photo, he was able to supply pictures of the two accused persons which led to their arrest.
The court heard that Chigonyati was arrested at Chikwanha in Chitungwiza while driving an unregistered Toyota Corolla which is suspected to have been bought from proceeds of the crime.
The motor vehicle was searched and at least eight identity cards belonging to different people, several sim cards believed to be used to call victims and a forged Covid-19 exemption letter, which indicated that Chigonyati was a lawyer were recovered.
Online Reporter