BUSINESSMAN MURINGI JAILED FOR FOUR MONTHS

Source: BUSINESSMAN MURINGI JAILED FOR FOUR MONTHS | The Herald (Top Stories)

CONTROVERSIAL businessman Shingai Levison Muringi has been sent to jail to serve the alternative sentence of four months imprisonment after he defaulted when he was ordered to perform community service.

Muringi was convicted of contempt of court.

He deliberately disposed of a motor vehicle in violation of a court order, and was sentenced to four months imprisonment which was wholly suspended on condition that he performs community service.

However, according to the evidence presented by prosecutor Takudzwa Jambawo in the form of affidavits from the station he was to perform the unpaid work, Muringi never showed up and was in willful default.

Presiding magistrate Lisa Mutendereki was left with no choice but to order Muringi to serve the alternative sentence.

Muringi’s troubles started when he sold a car to businessman Patrick ‘‘Chimpa’’ Mutenha.

It was established by the court that the vehicle was not supposed to be sold as Muringi had only been granted temporary access to the car.

In her judgment, Magistrate Mutendereki had said:

“The court wasn’t there to look at the agreement of sale in the strictest sense but it had occasion to go through the court order and the terms of the court order had to be read holistically to establish the intention of its issuance.

“The car was subject to a criminal case that was ongoing, he (Muringi) was granted temporary use of the vehicle and it was to be made available if needed without disposing of it.

“The intention was that even though the accused was granted access to the vehicle he was supposed to keep it and by selling the vehicle he would have breached the order as he wouldn’t then be able to produce it upon demand by the court.

“Was the vehicle going to be available upon demand after being sold?

“No, so it’s the court’s finding that he was in breach of the order as he knew that he was supposed to be in possession of the car at all material times.”

On August 4 last year, Muringi was arrested for fraud and money laundering resulting in his white Toyota Hilux double cab registration number AGE 2352 being impounded and held at CID CCD as an exhibit.

The matter was referred to Harare Magistrates Court for prosecution and he later applied for the release of the car.

On December 18, the Provincial Magistrate granted an order for the release of the motor vehicle from police custody to Muringi. But, this was on condition that he would produce the vehicle upon request by the State.

He was also ordered not to dispose of the vehicle in any way pending the finalisation of the matter.

On December 20, Muringi sold the car to Chimpa for US$50 000, he signed an agreement of sale and never disclosed the status of the vehicle to the complainant.

Muringi then hatched a plan to recover the vehicle from Chimpa and reported a matter of theft involving the vehicle.

Chimpa was arrested by the Vehicle Theft Squad.

During the course of the investigation, the status of the car was established.

The car remains impounded as an exhibit.

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