Zvikomborero Parafini
GRAY Homes Construction directors, couple Annavestah and Gray Mudiwa, are back in court today for a ruling on their application challenging placement on remand.
The couple, in its application, argued that it had not misrepresented to the complainant as it had done and completed three other projects for her.
On these three projects, the couple said it encountered cement challenges and currency issues that affected its construction business.
The two initially appeared before regional magistrate Donald Ndirowei on Thursday, who rolled over the matter to today for ruling.
The State opposed the application arguing that there was reasonable suspicion that the couple committed the offence as it was caught attempting to flee from this jurisdiction, a claim which the two countered saying they were attending a business conference in South Africa.
The complainant is Miniyothabo Francisca Baloyi Chiwenga.
The court heard that in March last year, the duo duped Baloyi-Chiwenga into believing that they could construct for her a double-story house, a cottage, and a boundary wall.
They allegedly lied to her that they could complete the project in 90 days.
Convinced, Baloyi Chiwenga paid US$560 000 for the project and after receiving the money, the couple diverted it to their own use and failed to complete the project.
In that count, she lost US$389 100.
In the second count, District Public Prosecutor Tafara Chirambira alleged that in June last year, the couple misled Baloyi-Chiwenga into believing that they were able to construct a Warehouse at Chivaraidze Farm in Goromonzi. Acting on the misrepresentation a payment of US$550 000 was made.
The couple allegedly converted US$ 390,000 to their own use and failed to complete the project.
In September last year, the couple was contracted again to construct a Shopping Mall at Silalatshani Business Centre in Filabusi knowing fully well that they didn’t have the capacity to do so.
The couple received US$158 000 and allegedly diverted US$151 000 to their own use.




