adminFidelis Munyoro Chief Court Reporter
A South African businessman facing charges of swindling his business partners of over $200 000 is now a relieved man after the High Court last week granted him bail pending trial.
Rudolf Lucas Willem Swart (54) was denied bail by a Harare magistrate Mr Tendai Mahwe on charges of theft of trust property involving mining machinery.
He appealed against the magistrate’s decision at the High Court.
Justice Joseph Musakwa granted the application for bail by Swart after the prosecution led by Mr Edmore Mavuto consented to the defence request.
Justice Musakwa ordered Swart to pay $200 bail and to report to CID Law and Order Section once a week.
Swart’s lawyer Ms Meme Zvimba of Zvimba Legal Practitioners submitted that the lower court erred in denying her client bail pending trial.
She said the magistrate erred when he narrowed his ruling on pending cases and investigation while he failed to consider other factors that were argued by the defence and the consent to granting bail by the prosecution.
“The appellant (Swart) has never been convicted of any offence and hence the conclusion by the . . . magistrate in the court a quo (lower court) that he has a propensity to commit similar offences is misplaced,” said Ms Zvimba.
Mr Mavuto concurred that the magistrate denied Swart bail on the basis that he has a propensity to commit further offences since he had five others of similar nature still under investigations.
“Respondent submits that this was a misdirection because these were mere allegations which were yet to be proved on trial,” said Mr Mavuto
“The magistrate disregarded the defence submissions that these are trumped up charges which came out after appellant won a chamber application against the complainant and other business partners.”
Soon after Swart obtained a court order at the High Court against his business partners last month police swooped on him.
They accused him of fraud and theft.
Charges against Swart arose sometime in 2011 when the businessman was given a bulldozer and a tow along compressor by his business partner for safe keeping.
The court heard that Swart allegedly sold the property and converted the money to his own use.
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