Manager jailed for stealing US$2,230 meant for vehicle purchase

The man, who is married to the complainant’s aunt, had pleaded not guilty to the charge

A FORMER retail shop manager has been sentenced to an effective five months in prison after being convicted of stealing US$2,230 that had been entrusted to him as part payment for the purchase of a Toyota Hilux.

Enias Phili (55) appeared before Bulawayo Magistrate Mr Challenge Mahembe facing a theft charge.

Although he pleaded not guilty, the court convicted him at the close of the State case after finding that the prosecution had proved its case beyond reasonable doubt.

Mr Mahembe sentenced Phili to 24 months’ imprisonment. Four months were suspended on condition that he does not commit a similar offence within the next five years, while a further 15 months were suspended on condition that he restitutes the complainant US$2,230.

He will effectively serve five months in prison.

In delivering judgment, Mr Mahembe dismissed the accused’s defence.

“The State proved its case beyond reasonable doubt. However, the accused’s defence of merely denying that he diverted the money to his personal use does not hold water. The State witnesses gave credible evidence proving that indeed the offender stole the money,” said Mr Mahembe.

In aggravation, prosecutor Ms Brenda Ndlovu said the offender had abused the trust placed in him by the complainant.

“The complainant trusted the offender, but he betrayed him and on many occasions ignored his phone calls when he was demanding his money after realising that he had been duped. The complainant suffered a huge financial loss, and the offender benefited from the crime. I pray for a custodial sentence to send a message to would-be offenders,” submitted Ms Ndlovu.

The court heard that on February 2 this year, at the corner of Joshua Mqabuko Nkomo Street and Leopold Takawira Avenue in Bulawayo, the complainant handed Phili US$2,200 as a deposit towards the purchase of a Toyota Hilux that was being sold for US$7,000.

The following day, the complainant sent an additional US$30 to the accused through EcoCash, bringing the total amount entrusted to him to US$2,230.

After several weeks without progress on the vehicle transaction, the complainant made inquiries with the Zimbabwe National Road Administration (Zinara) and discovered that he had been deceived.

Efforts to contact Phili proved unsuccessful as his mobile phone was reportedly unreachable.

The complainant subsequently reported the matter to the police, leading to the accused’s arrest and prosecution.

The court ruled that the evidence presented by the State clearly showed that Phili had unlawfully converted the money to his own use instead of facilitating the vehicle purchase as agreed.