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Patrick Chitumba Midlands Bureau Chief
GWERU magistrate Judith Taruvinga has thrown out a high-profile fraud case involving businessman Takunda Mujumi who was being accused of defrauding a loan shark, Regis Sitotombe of $16,000 in a botched loan deal in which a BMW X5 was used as collateral. Mujumi approached Sitotombe for a $9,000 loan which was to be paid as $16,000 after interest was factored in. The businessman tendered the registration book for his BMW X5 as collateral, but Sitotombe got him arrested claiming that he (Mujumi) had lied that the vehicle belonged to him.
In dismissing the case, Taruvinga said the state failed to prove its case beyond any reasonable doubt.
In her ruling on Friday, Taruvinga said a “web of lies” had been presented by state witnesses and Sitotombe in a bid to nail Mujumi.
Mujumi, 46, a co-director in Icon Alleys (Pvt) Ltd company, appeared before Taruvinga facing one count of fraud and pleaded not guilty.
The magistrate dismissed the case saying the fraud allegations were baseless and malicious and witnesses’ testimonies were fraught with lies and inconsistencies.
“The state witnesses failed to corroborate their story . . . The complainant and his lawyers had the registration book of the vehicle a week before the agreement was signed and in my view they already knew that the book was not in Mujumi’s name,” said Taruvinga.
The magistrate said it was a common modern day practice for people to tender assets like motor vehicles or registration books to secure loans and that Sitotombe had applied high interest rates which were making it impossible for the businessman to finish repaying the loan. Earlier, Mujumi had told the court that he paid the loan shark various amounts way above the amount he owed him and had also given him two residential stands in repaying the loan.
Posecutor Pride Gomera said in May last year, Mujumi approached Sitotombe and told him that he was selling his motor vehicle a BMW X5 for $16,000.
Sitotombe showed interest in the vehicle.
Gomera said Mujumi and Sitotombe proceeded to Gundu and Dube legal practitioners where an agreement of sale of the motor vehicle was made.
“The agreement of sale indicated that Mujumi was the sole owner of the vehicle and it was witnessed by Percy Mangere,” said Gomera.
Mujumi gave the vehicle’s registration book to Sitotombe and requested to use the vehicle for a short period of time to enable him to send his children to school. “Sitotombe then demanded the vehicle from Mujumi after a month and a half but Mujumi told him that the vehicle didn’t belong to him but to his wife Liyonna Dos Santos and in the process failing to explain why he had sold Sitotombe the car,” he said.
Gomera said further investigations by the police established that the vehicle belonged to Icon Alleys as depicted by an agreement of sale between Icon Alleys and Guan Xiad Yu. The matter was reported to the police leading to Mujumi’s arrest.
Sidumisile Mabena