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Herald Reporter
A PROPERTY manager has been charged for theft of trust funds after collecting rentals in respect of a building at the centre of an ownership wrangle that is pending at the Supreme Court.
A court order was issued last year compelling tenants at a block of flats at Bath Mansions in Avondale to pay rent into a trust account administered by a local law firm.
But it is alleged Borislav Trinov Boynov (68) collected the money and failed to account for it.
Boynov, through his lawyers, on Friday mounted a bail application at the Harare Magistrates’ Court and was remanded on his hospital bed, under guard, to tomorrow for bail ruling.
He suffers from diabetes and blood pressure. Boynov allegedly collected rent for January and February this year.
Part of the Supreme Court order barring him from collecting rent reads:
“With effect from 1st January 2021, rentals payable by the tenants of the flats shall be paid into an escrow account managed and administered by Messrs Coghlan, Welsh & Guest Legal Practitioners . . .”
The prosecution opposed bail arguing that Boynov was a foreigner and he was likely to abscond.
It was also submitted that Boynov stays at the same address with the State witnesses in Avondale, hence he was likely to interfere with them.
His lawyers argued that their client should be freed on bail.
Boynov had approached the High Court challenging arrest and detention, which he said was unlawful.
He further argued that a party to the pending Supreme Court case, involving the properties, Ms Sarah Hwingwiri, had influenced the police to arrest him. Boynov claims he was not informed of the charge and offence when he was arrested.
The police opposed the urgent chamber application, saying the arrest and detention was above board. Acting officer-in-charge Avondale Police Station Assistant Inspector Patrick Matare said a warrant of arrest was duly issued before arrest.
“The applicant is not being candid with the honourable court,” he said. “The arrest was done with a warrant of arrest issued by a Harare magistrate on 10 April. The arrest was lawful. The applicant’s wife was shown the warrant of arrest since the applicant was hiding. The warrant was later on shown to the applicant.”
Asst Insp Matare said the police were never influenced by Ms Hwingwiri, as alleged by Boynov.
“The police conducted their duties in compliance with Section 219 of the Constitution without influence from any other third party as being alleged by the applicant,” he said.
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