Property manager denied bail

Victor Maphosa

Herald Reporter

A property manager arrested last week on charges of theft of trust property after collecting rents totalling US$6 000 from tenants occupying flats at the centre of an ownership wrangle, has been denied bail.

Borislav Trinov Boynov (67), an agent for Bulgarian registered company Technoimpex JSC, was arrested after violating a Supreme Court order made in December last year that told tenants of Bath Mansions in Avondale to pay rent into a trust account administered by a local law firm.

The foreign company and a local company are contesting the ownership of the block, so the Supreme Court stopped both from collecting the rent until the civil dispute is resolved with the rents held in the trust account going to the winner of that dispute.

But Boynov allegedly collected the money for January and February, but 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, for the bail ruling.

On Tuesday, a Harare magistrate threw out Boynov’s bail application for fear that he will abscond.

“In this case, there is a Supreme Court order which has not been complied with. Accused has his reasons for not doing so, but the bottom line is that the State has a strong case against him.

“Further, most of the evidence is documentary and the fact that the accused stays at the same premises in dispute, shows there is room for interference with investigations or evidence.

“It is therefore not in the interests of justice for bail to be granted.” ruled the magistrate.

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.