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farm equipment from white former commercial farmers on Wednesday denied ever making a report against the fitness trainer-cum businessman.
The complainant in the matter Mr Richard Hamilton (70) denied ever reporting Mliswa to police, when the trial opened before Harare regional magistrate Mr Munamato Mutevedzi yesterday. Mliswa (39) is denying all three counts of theft.
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Under cross-examination defence lawyer Mr Charles Chinyama suggested to Mr Hamilton that the matter was civil and the witness responded saying: “I don’t know much about the law.” When asked to tell the court, who had made him come to court, Mr Hamilton answered, “CID Harare”. He said police went to his Borrowdale Brooke house in Harare around 9pm despite the fact that he had never made a police report.
Earlier in his defence outline Mliswa argued that the case was one of the numerous ones, which were reported against him at Karoi Police Station and police came to the conclusion that essential elements of theft were lacking.
“The accused is shocked to learn that the same matters have been taken over by CID Homicide with a view to review the work of other police officers without justification to do so,” said Mliswa’s lawyer Mr Charles Chinyama.
He argued that the matter was civil as agreements were signed between the complainant and World Mark Sports International, which was being represented by Mliswa.
Prosecutor Ms Rufaro Mhandu opened the case by calling Mr Hamilton. In his evidence in chief he said Mliswa approached him with a view of buying his cattle and farm equipment at the peak of the land reform programme in 2002. Mr Hamilton said Mliswa told him that he was going to pay for the equipment but when it did not materialise he told him that he would borrow money from Government.
He said he went to Australia during the time in question and when he came back all the equipment had disappeared. He said Mliswa stole his generator, 40 cows and 20 young weaners. He said Mliswa gave him a cheque of US$40 000 for the payment of cattle but it was dishonoured.
However, during cross-examination Mr Hamilton conceded that he had signed a written agreement with World Mark in which he sold them all his farm property. – CR.
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