Martin Muleya
MUTARE-A Mutare provincial magistrate has acquitted Medeline Magadza, an insurance agent for Econet insurance of stealing ZIG 1,171,771.60.
Magadza was facing charges of theft of trust property, but the court ruled that the State failed to prove a prima facie case against her.
Magadza, who was employed as an independent insurance agent, was accused of failing to remit proceeds from motor vehicle insurance policies sold to clients and instead converted the funds to personal use. However, her defense lawyer Memory Mandingwa of Mhungu and Associates presented evidence, including emails and Whatsapp chats, which showed Magadza had been in communication with her direct supervisor.
The State’s key witness, Gift Zumbika, conceded that he was not privy to the detailed emails produced in court and the State was forced to close the case.
Provincial magistrate Makala ruled that the essential elements of the offence of theft were not proved by the State and there was no proof that Magadza took the money and converted it to her own use.
“What was clear to the court was that the essential elements of the offence of theft were not proved by the State. There was no proof that the accused took the money and converted it to her own use. Furthermore, the court wonders why the witness came to testify when he was not the immediate supervisor of the accused. The witness was not even aware of the communication that was between the accused and her supervisor. Therefore the State failed to prove a prima facie case against the accused. For these reasons, accused is discharged at the close of State case and found not guilty,” Makala ruled.
The court found Magadza not guilty and discharged her at the close of the State case.
