Businessman Genius Kadungure, who is facing four counts of
prejudicing Zimbabwe Revenue Authority (Zimra) of over $3,8 million in taxes,
has applied for exception on all the counts arguing he did not act criminally
in any way.
Kadungure is charged in his personal capacity as the second
accused while his company, Piko Trading, is the first accused.
Through his lawyer Mr Jonathan Samkange, Kadungure argued
in his application that he could not be charged in his personal capacity
because he was not resident in Zimbabwe during the relevant period.
He added that essential elements of the offence were not
linked to him.
Part of the exception application reads; “The facts do not
speak of the second accused having so acted in his personal capacity nor having
been on a frolic of his own. The facts as alleged are very clear that second
accused acted as a representative of the company.
“In any event at the time of charging first accused, the
State never enquired as to who would be representing it. During the period the
company is alleged to have committed the counts, Kadungure was resident and
working outside the country in Botswana. In the result, the second accused is
entitled to except as he will be prejudiced in his defence to answer to
allegations which relate to a company, in his personal capacity.”
In response, the State represented by Mr Andrew Kumire and
Mr Lovack Masuku said in all the counts, the charge clearly discloses
sufficient particulars to advise Kadungure the nature of the charge against
him.
Kadungure is accused of importing 5 289 000 kg of liquefied
petroleum gas (LPG) into Zimbabwe with intent to defraud the State of customs
duty amounting to $672 533,93.
The State argues that under the circumstances, the charge
discloses sufficient particulars to inform Kadungure the nature of allegations
against him.
“He can only escape liability by showing on a preponderance
of probabilities that he did not take part in the commission of the offence and
could not have prevented it. The onus is thus on him.
“This does not relate to his being charged but to his
guilt. In other words, this only operates as his defence not as an exception to
the charge,” said the State.
Magistrate Mr Chrispen Mberewere is expected to make a
ruling on the application. Herald
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