Court Reporter

A MT DARWIN magistrate has acquitted community leader Martin Zharare on two counts of fraud after ruling that the State had failed to establish a prima facie case against him.

The acquittal was handed down by resident magistrate Ms P. Chirimo at the Mt Darwin Magistrates’ Court after the close of the State case. The court discharged Zharare on both counts and returned verdicts of not guilty.

According to court documents, the State had alleged that Zharare misrepresented to complainants that he would drill boreholes after receiving payments from them, but allegedly failed to fulfil the agreements.

However, following the conclusion of the State’s evidence, defence lawyer Mr Tinotenda Zisengwe successfully applied for discharge at the close of the State case, arguing that prosecutors had failed to prove the essential elements of fraud.

Speaking after the ruling, Mr Zisengwe said the State’s own witnesses had effectively supported the defence case.

“The witnesses were actually telling the court that he came and drilled boreholes in the area. They also confirmed that after some time the drilling rig he was using was taken away, leaving him unable to continue with the remaining work,” he said.

Mr Zisengwe said evidence presented during the trial showed that Zharare had maintained communication with the complainants, regularly updating them on developments regarding the project.

“The witnesses confirmed that he communicated with the complainants almost every day and that casing materials and pipes for the boreholes had already been purchased and delivered to the site,” he said.

He added that the court found no evidence proving the requisite intention to defraud and consequently ruled that there was no basis upon which Zharare should be called upon to present a defence.

“The magistrate found that there was no evidence proving the essential elements of the crime of fraud. We were therefore granted a discharge at the close of the State case, which resulted in an acquittal,” said Mr Zisengwe.

Zharare welcomed the ruling, maintaining that the allegations against him were false and politically motivated.

He told reporters that accusations that he had defrauded complainants of US$1 500 in connection with a borehole project in Mount Darwin were unfounded.

“I was in the process of drilling the boreholes and some people did not appreciate that the work was ongoing. The boreholes were being drilled and there was no fraud involved,” he said.

Zharare further alleged that the criminal complaint had been part of a scheme by some individuals within an organisation he is associated with who sought to tarnish his reputation and remove him from leadership positions.

“It was a ploy to damage my image and have me arrested so that they could take over the organisation unconstitutionally. After a full trial, it became clear that no fraud had been committed,” he said.

In the court order issued on June 8, 2026, the magistrate formally discharged Zharare at the close of the State case on both counts and acquitted him of all charges.

The ruling brings to an end a case that had attracted attention in Mt Darwin, where the allegations centred on a community borehole drilling project.