Court Reporter
GUNNERS Football Club boss Cuthbert Chitima and a Stanbic Bank central reconciliation manager have been cleared of charges of defrauding the bank of US$200 000.
The pair was removed from remand following an application for removal of remand on the basis that there was no reasonable suspicion that they committed the offence.
Harare magistrate Mr Don Ndirowei ruled that indeed there was no reasonable suspicion that the pair committed the offence hence they should be removed from remand.
Xavier Chikoko lodged an application through his lawyer Mr Maxwell Mavhunga from Mavhunga and Sigauke legal practitioners.
Mr Mavhunga submitted that he had to be removed from further remand on the basis that the State had failed to produce tangible evidence that linked Chikoko to the crime.
“The State failed to produce evidence that connects Chikoko to the charge and the transaction was done through the bank’s International Business Centre which has nothing to do with Chikoko.
“Also he (Chikoko) was implicated in the case through Thedius Mudonhi’s confession and there are five stages for the money to be transferred meaning no one else was arrested other than a witness from IBC who was released,” Mr Mavhunga said.
The State – led by prosecutor Ms Memory Chidavaenzi – had earlier opposed the application on the basis that Chikoko authorised a student in the IBC to transfer the money from the company’s nostro account to Reserve Bank of Zimbabwe employee Thedius Mudonhi’s account.
Furthermore, the Investigating Officer Detective Inspector Wellington Zvoufa had pointed that there was connivance among the bank’s employees to conduct the unlawful transfer.
“Evidence was destroyed by the trio so as to hide the fact that they approved the transfer,” Inspector Zvoufa said.
The employees were accused of siphoning US$200 000 from the bank’s nostro account.
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