Mwonzora cleared of defrauding widow

discharge at the close of the State case.
Regional magistrate Mr Hosea Mujaya said the State had failed to prove a prima-facie case against the duo.
“The evidence led by the six witnesses did not establish a prima-facie case against the two accused persons.
“The complainant’s evidence did not reflect or support the essential elements of the charge.
“The fixed property of a deceased person does not invite capital gains tax. Also the complainant’s daughter was actually defrauding her mother by intermittently making withdrawals from her account,” said Mr Mujaya.
During cross-examination, Mrs Elizabeth Mary Adams’ daughter Chantelle admitted that she withdrew some of her mother’s money without her knowledge.
It was alleged that the Adams family sold their four-and-a-half hectare plot in Glynham which belonged to their late father Elvin Roy Adams, to Mr Muchini.
The money was placed in a trust account pending finalisation of the deal.
Mr Mwonzora allegedly drew up the agreement of sale. A week later Mrs Adams reportedly tried to get her money but the account was overdrawn.
In August 2005, Mr Mwonzora, representing Mr Muchini, successfully applied for an eviction order against the Adams from the plot even though she said she had not been paid, it was alleged.
Mr Obi Mabahwana prosecuted while Mr Dumisani Kufaruwenga represented Mwonzora.