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The State has withdrawn fraud charges against Clark Clever Makoni and Beverly Aisha Ndonda Makoni, citing a lack of evidence.
The withdrawal comes as the same allegations were under trial, prompting Harare magistrate Sharon Rakafa to dismiss the case due to its repeated presentation in court.
During the hearing, Prosecutor Sithembiso Moyo informed the court that there was no evidence to proceed with the case against the Makonis.
Moyo stated that the prosecution could not substantiate any claims, leading to the decision to withdraw the charges.
Magistrate Rakafa emphasized that the case could not be pursued further, noting the redundancy of bringing the same charges to court multiple times.
This dismissal raises questions about the state’s prosecutorial strategy and its ability to effectively manage legal proceedings.
According to Section 8 of the Criminal Procedure and Evidence Act, the state is permitted to withdraw charges before a plea is entered. Moyo noted that a similar matter is currently pending before the regional court, reinforcing the principle that a person cannot be charged twice for the same offense.
This supports the defence counsel’s claims that Dr Gideon Gono was abusing the court to persecute the Makoni couple.
In defence papers presented to the court, they argue that they are being targeted by Gono and other individuals with political muscle.
“The Accused person further asserts that these are clearly malicious, frivolous, and vexatious allegations being peddled by the complainant in connivance with those who occupy certain positions of influence within the law enforcement agencies or other government-linked institutions who maliciously caused their arrest without any shred of evidence to justify their arrest and/or prosecution,” reads their statement
With the state’s withdrawal, Beverly and Clark Makoni are no longer facing legal challenges related to the alleged ownership of Valley Lodge.
Online Reporter