A Harare magistrate has acquitted the director of Simukai Financial Services, a Bureau de Change who was accused of swindling a businesswoman of US$97 110 in a botched currency exchange deal last year. Rumbidzai Bushu who was charged alongside Aleck Mufambi was represented by Ashiel Mugiya and Zebediah Bofu respectively. The complainant in the matter is Marjorie Kennan of Kennan Properties who alleged that the pair defrauded her during the transaction by providing a fake proof of payment.
However, in his ruling Magistrate Artwell Sanyatwe found that the State failed to provide evidence linking the duo to the offense. Magistrate Sanyatwe said Kennan gave inconsistent testimonies regarding her claims and appeared unsure of the exact amount she was allegedly defrauded of as she provided two different figures. The court also noted that the exhibits produced during trial failed to link the pair to the offense as the origin of the proof of payment could not be established.
Magistrate Sanyatwe further noted that while the pair maintained their innocence, Kennan acknowledged during cross-examination that the underlying transaction was illegal. Consequently, the court ruled that a conviction could not be sustained under such circumstances. ”I find both accused persons not guilty and they are acquitted,” said Magistrate Sanyatwe.
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