Tonderai saharo
Fraud accused businessman Naison Madyambwa will know his fate on Monday on his alleged US$60 000 fraud case.
Madyambwa will know whether he will stand trial on allegations of defrauding an Australian based investor of US$60 000 in a gold mining deal after the state quashed his appeal for discharge.
Masvingo magistrate Elizabeth Hanzi will hand down the much awaited ruling.
Prosecutor Godknows Mugondo said the businessman who runs Hiepeg Tyre Services in Masvingo is an ideal candidate for conviction as facts produced in court showed that he misrepresented to the female investor, Achidaishe Mudzingwa after luring her into a relationship before defrauding her.
Mugondo argued that misrepresentation is an essential element of the offence of fraud as indicated by various visits the businessman made with the investor to the mining locations including the Kilmanock visit which were all collaborated by one witness, Wallace Mlambo.
“The mere fact that the complainant went on to make a solo visit after the initial visit with accused clearly shows that she was made to believe that she was owning the mine, misrepresentation is therefore proven,”
“The evidence led so far is of probative value such that a reasonable Court can convict,
“That coupled with the undisputable fact that complainant sent money to the accused makes the evidence adduced by the state of probative value so as to make a reasonable court to convict, ” the prosecutor said.
The state added that the businessman leveraged on the romantic affair to defraud the complainant saying existence of a relationship does not vitiate the possibility of the investor being defrauded
“Such a romantic relationship between the two may as well explain why the mine buying instruction was verbal, based on trust,” Mugondo said
In addition the state said the businessman still has questions to answer before the court which include the reasons he met Tapiwa Chakawarika at Wailers and signed for receiving US$50 000 cash.
As well as to answer whether he received the money from the investor as gifts, or he never received money at all, and to explain why he is delegitimizing the transactions which was part of his defence.
Madyambwa is being represented by lawyer Charles Ndhlovu of Ndhlovu and Hwacha legal practitioner.
