Shiri swindler seeks bail pending appeal

Tendai Rupapa Senior Court Reporter
A Harare man, Brian Tarisai Kambasha, who was jailed for an effective three years for stealing $50 000 from Air Force of Zimbabwe Commander Air Marshal Perrance Shiri in a botched solar power system deal, last week made an application for bail pending appeal against both conviction and sentence.Kambasha (32) was convicted of theft of trust property together with his company, Hemmingworth (Pvt) Ltd, after a fully contested trial.

He was sentenced to five years in prison, but two years were set aside on condition of good behaviour and restitution.

In his application, Kambasha through his lawyer Mr Tazorora Musarurwa said; “The learned magistrate erred in finding the appellants guilty when the State had failed to establish the essential elements of the case. The appellants did not convert the money to their own use and clearly accounted for it. There was no prima facie evidence.

“The learned magistrate erred in failing to realise that when the appellants had failed to complete the project as agreed, there was only a debtor-creditor relationship between the parties.”

Kambasha also said that it was inappropriate for the court to compare him with Rotina Mavhunga (diesel n’anga). He argued that there was no need to compare his character with that of Rotina as it was prejudicial to him.

He added; “The court erred in ordering the appellant to restitute the complainant in the sum of $50 125 less than two months whilst in custody or spend 12 months in prison notwithstanding the evidence did not prove that this amount had been converted to his own use. The time period given is so short that it is tantamount to serving the effective prison term.”

The State led by Mr George Manokore, opposed the application arguing that if granted bail Kambasha was likely to abscond.

He said Kambasha was likely to leave the country since he has links outside.

“Given the fact that he was convicted of a lengthy prison term, granting him bail will just be giving him authority to vanish the jurisdictions of these courts. On the issue of restitution, mere noting of an appeal does not suspend an order for restitution as is enshrined in section 63 of the magistrate court act.

“His appeal has less or has no chances or prospects at all. There is no debtor-creditor relationship to talk about as he was given a purchase price and he was supposed to deliver. He was supposed explain how he used the money,” he said.

Magistrate Mr Milton Serima is expected to make a ruling on the matter tomorrow.