THE Harare regional court yesterday acquitted Zanu PF Midlands province vice-chairperson Lewis Matutu after he was dragged to court for fraud involving US$150 000 shares of a local mining company. Matutu was charged alongside Blessing Kusangaya, Tafadzwa Kusangaya, Muzimba Muhamba and Chikwasha Muhamba on allegations of stealing shares from Shusib Investments. Harare regional magistrate Noel Mupeiwa found Matutu and his alleged accomplices not guilty saying the evidence adduced in court by the State was insufficient.
The magistrate said since the forgery of the company’s annual returns was the basis on which the charge was formulated, once the complainant said they were not forged, the charge automatically fell Matutu, through his lawyer Moffat Makuvatsine, told the court that the company’s annual returns were handled by one Nyaradzo Chirisa, who prepared company documents. Matutu and his colleagues queried why Chirisa was not called to testify during the trial. It was submitted and not in dispute that a joint company called Shusib Investments, trading as CMK Mining Syndicate, was formed before any of the accused persons became directors.
In the ruling, Mupeiwa said there was no evidence presented in court on the terms of operation of Shusib Investments, adding that all evidence before the court showed that the accused persons did not interfere with the company’s operations. The complainant also confirmed giving directorship and shares to some of the accused persons, saying there was no reason that could, in turn, influence them to steal what had already been allocated to