Zimondi, 3 accused removed from remand

removed from remand.
This was after Zimondi (56), his accomplices twins Jackson and Jack Makate (29) and Blessing July (26) had made an application for refusal of further remand arguing that their case was civil.

Zimondi is being represented by Mr David Chikumba, while Mr Tendai Hangazha is representing the other three. In passing the ruling Magistrate Mr Donald Ndirowei said the matter was civil.
“It is the court’s findings that there was a signed agreement and all the parties (accused persons and complainant) are bound by the terms and conditions of this agreement. The interpretation of the agreement is subject to commercial law which is under civil courts therefore there is no reasonable suspicion that a criminal offence was committed,” he said.

While making the application, Mr Chikumba had said that the transactions handled by Zimondi did not constitute any offence since both parties entered into a business agreement.
“The accused persons because of the contract they entered into are obligated to pay back the full amount that the complainant injected. The complainant has recourse in the civil courts of Zimbabwe if the partners do not honour up their obligations,” he said.

On the other hand Mr Hangazha argued: “There is nothing criminal about this matter. If indeed complainant deposited the money, then it is clear that she did not give the accused persons any money. She acted on her own even after getting advice to stop the payment . . . There is no evidence or proof of such a deposit and account details all the State has is a naked case of fraud.”

The State led by Ms Svodai Kadivirire had opposed the application arguing that there was reasonable suspicion that they committed the offence. In opposing the application, Ms Kadivirire had led evidence from Detective Assistant Inspector Blessing Mandizha who maintained that the quartet had a case to answer.

“There is no business deal whereby one part finances everything and in this case accused persons did not invest a single cent in the project. It is not true that the accused persons did not have money when they asked complainant to finance the project since their bank statements in my possession indicate they had money at that material time,” he said. But Mr Donald Ndirowei ruled in favour of the quartet who were accused of swindling Ms Zvitei in a business deal.