MDC Alliance Makokoba legislator Mr James Sithole together
with two accomplices who were accused of embezzling US$4 250 and R10 000
belonging to a local burial society he chaired, were yesterday acquitted by the
courts.
Sithole (45), Jacob Manyange (64), Raymond Gombedza (47)
all from Makokoba suburb and Manyara Muzamani (49) of Cowdray Park appeared before
Bulawayo magistrate Mr Shepherd Munjanja facing theft of trust property
charges.
The four men were alleged to have diverted to their
personal use R10 000 which belonged to Makokoba Burial Society after collecting
the money from the treasurer Ms Margaret Sibindi.
They were also accused of squandering US$4 250, which was
restituted by Ms Sibindi following her conviction and sentence for dipping her
fingers into the coffers of the burial society.The burial society was founded
in 2010 by MDC party supporters in the constituency to assist members during
funerals.
Mr Munjanja acquitted Sithole, Gombeza and Muzamani on both
counts. He however, dismissed Manyange’s application for discharge at the close
of the State case and placed him on his defence in relation to the second
count.
In acquitting the three men, Mr Munjanja ruled that the
State failed to prove a prima facie case against them.
“The State witnesses did not give convincing evidence and
clearly, the State case was like flogging a dead horse. Accordingly, the three
accused persons are discharged at the close of the State case and acquitted,”
he said.
It was the State’s case that between 2010 and 2011, the
accused persons acted in common purpose and sent Manyange to collect R10 000
which was being kept by Ms Sibindi who was the treasurer of the burial society
at the time. It was, however, not stated in court papers why the accused
persons had requested the money from Ms Sibindi.
They allegedly converted the money to their personal use
and the money was not recovered.
In 2011, Ms Sibindi, who was responsible for keeping the
money, stole US$4 250 from the burial society and she was arrested and taken to
court and convicted of theft. She was ordered to restitute the money and she
complied with the court order by paying the money through the Clerk of Court at
the Bulawayo Magistrate’s Court.
The prosecutor, Mr Leonard Chile, said Manyange went to the
Clerk of Court at Tredgold building where he signed for the money and took the
cash.
“Manyange signed and collected the money which was
restituted by Margaret Sibindi. The four accused persons, acting in common
purpose, converted the money to their personal use,” said Mr Chile.
In her testimony, Ms Sibindi told the court that the four
accused persons embezzled the funds belonging to the society.
Mr Prince Butshe Dube of Mathonsi Law Chambers represented
the accused persons. Chronicle
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