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Fidelis Munyoro Chief Court Reporter
Two Indian men breathed a sigh of relief after the High Court quashed the conviction and 10-year jail terms imposed on each of them on charges of extortion in a botched property deal involving more than US$500 000.
Abdul Rajak Ibrahim Talati and Mehboob Valia Gocha were convicted of extorting more than US$500 000 from a Harare businessman, Mr Mohamed Sabir Mohamed Iqbal Patel, after misrepresenting that they were working for Vice President Joice Mujuru and former Reserve Bank of Zimbabwe governor Dr Gideon Gono.
They were each sent to jail for 10 years, but five years on, the sentences were set aside for five years on condition they pay restitution to the tune of US$275 000 each before the end of December 2012.
The two appealed at the High Court against both conviction and sentence, arguing that the trial magistrate erred and misdirected himself in preferring the testimony of Mr Patel in circumstances where there was no other evidence to corroborate his assertions.
Justice Charles Hungwe, sitting with Justice Francis Bere, allowed the appeal with the prosecution conceding that the conviction was not safe for want of evidence.
“In the event the appeal succeeds,” said Justice Hungwe. “The conviction in the court is quashed and sentence is set aside.
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