Mutanga cleared of US$100 000 swindle

appeared before regional magistrate Mr Morgen Nemadire, who ruled that the matter remained largely a civil one.
Mr Nemadire said Mutanga was not out to defraud or steal from African Star Diamonds.
He said the State had failed to prove its case beyond reasonable doubt, hence Mutanga was entitled to an acquittal.
He said the evidence of ASD representative Mr Hatineti Kevin Sachi-konye was not corroborated.
“He refers to a refund term creating a civil contract between the two parties. African Star Diamonds has a pending civil action at the High Court on the same matter involving US$100 000,” he said.
The magistrate said Sachikonye’s evidence was not satisfactory.
He said there were no elements of theft and fraud and it was not possible for the State to prove a case beyond reasonable doubt.
The State alleged that sometime in February last year, African Star Diamond, a company registered to buy and polish diamonds, experienced financial problems in acquiring diamonds from Minerals Marketing Co-operation of Zimbabwe.
Sachikonye, the State says approached a colleague, Happymore Mapara for assistance and Mapara in turn allegedly referred him to Mutanga, who is also in the business of buying and polishing diamonds.
On May 4, Sachikonye is alleged to have met Mutanga at his offices in Alexandra Park where the two allegedly sealed a deal after Mutanga offered to buy the diamonds on behalf of Sachikonye’s company.
Mutanga then instructed Sachikonye to deposit part of the money for diamond purchases into Braitwood’s bank account.
Sachikonye allegedly transferred US$100 000 between May 10 and 11.
Mutanga allegedly withdrew the money and converted it to his own use.
Sachikonye allegedly made follow-ups but failed to get the diamonds or a refund from Mutanga leading him to report the matter to police.