adminFungai Lupande Court Reporter
An octogenarian who duped a home seeker of $23 000 by selling someone else’s property using fake documents was last Friday jailed for an effective year. Xavero Dzinowanda (80) of Jaure Village in Seke pleaded not guilty to fraud charges, but was however, convicted due to overwhelming evidence. The magistrate Mrs Vongai Muchuchuti-Guuriro sentenced Dzinowanda to three years in prison before suspending one year for five years on condition of good behaviour.
Another year was suspended on condition that he pays back the $23 000 he stole from Mr Tinashe Flex Kembo.
In passing sentence, Mrs Guuriro said the offence was well-planned.
In his defence, which was rejected, Dzinowanda said he was lured into a project of building an old people’s home in Kwekwe by two unidentified men.
“These men took me to Kwekwe to meet with the donor who was sponsoring the project,” said Dzinowanda. The donor made me sign some papers and gave me $7 000 for the project. I never sold a stand to anyone. “On our way back from Kwekwe, the two men took the $7 000 and promised me that I was to benefit from the project later.”
But the court found that Dzinowanda sold the stand in Bluff Hill belonging to Mr Wilson Jawona to Mr Kembo for $23 000.
Dzinowanda manufactured fake title deeds and identification particulars belonging to Mr Jawona before selling the stand.
The prosecutor Mr Progress Maringamoyo said sometime in June last year, Dzinowanda advertised the stand in a local newspaper under Mr Jowana’s name. Mr Kembo responded to the advertisement and later met Dzinowanda.
The pair agreed to verify registration of the stand and it was proven that nothing was amiss.
An agreement of sale was drafted and Mr Kembo paid $23 000 in three instalments through his lawyers’ trust account.
On June 27, 2015 Mr Kembo and his wife went to Kwekwe where they met Dzinowanda and gave him another $7 000.
Dzinowanda handed Mr Kembo the fake title deeds for the stand.
On August 19, Mr Kembo and Dzinowanda went to the Zimbabwe Revenue Authority (ZIMRA) for an interview and it later emerged that Dzinowanda was not the owner of the stand.
He was arrested.
Online Reporter