Presiding magistrate Mrs Marehwanazvo Gofa, after hearing submissions from their lawyers Mr Owen Mambara and Professor Lovemore Madhuku, ordered them to make written submissions on Monday morning before bail ruling in the afternoon.
The court yesterday saw the start of the bail application process with the State leading evidence in chief from the investigation Officer Mr Owen Mutembwe.
He opposed bail on the grounds that ZACC had strong documentary evidence that show how the two defrauded HMMAS.
Regarding Rukasha, the investigating officer said there was a greater propensity for absconding trial considering that he now has two outstanding fraud cases before the court with the other involving fraud of US$236 000 from his company.
For Kereke, there were fears that he would interfere with witnesses, some being those he had allegedly already threatened to process the payment of the money.
Kereke also committed this offence while on bail pending appeal to the Supreme Court in another matter.
Although the State alleged that the two allegedly lied that Kereke was still owed US$400 000 by the society when it bought his hospital in 2014 Kereke strongly denied the allegation stating that the total amount that was supposed to be paid was US$1 138 000 not the US$800 000 as alleged by the State.
Kereke was the founder and owner of Briward Fortress Hospital but in early 2014, said prosecutor Mr Lancelot Mutsokoti, Kereke agreed to sell this hospital located in Ruwa, Chipukutu Sebastopol, to HMMAS.
Kareke appointed Newton Madzika, the managing director of Health Body Images (Pvt) Ltd, to conduct the transaction on his behalf.
So on November 7, 2014, Rukasha representing HMMAS entered into an agreement of sale with Briward (Private) Limited represented by Madzika for the purchase of Fortress Hospital for US$800 000, which was the full purchase price.
The money was to be paid into the bank account of Health Body Images on completion of the sale.
The court heard that on November 14, 2014, Madzika transferred US$800 000 into the trust account of Kereke’s lawyers, Mambosasa Legal Practitioners, with the lawyers moving into Kereke’s account once the transfer was complete.
Then on March 18, last year, Rukasha working in connivance with Kereke, formulated a plan to defraud HMMAS by writing a letter to HMMAS misrepresenting that they still owed Kereke US$400 000 from the purchase of Fortress Hospital and demanding this payment knowing fully well that HMMAS had paid him the purchase price in full.
On March 21 last year, Rukasha entered into a fraudulent acknowledgement of debt acknowledging that HMMAS was owing Kereke US$400 000.
That acknowledgement of debt went to Sibusisiwe Mleya, the finance and administration manager of HMMAS, and Rukasha verbally instructed him to pay the money.
Mleya was deceived into believing that the payment was due and that HMMAS was owing Kereke, thereby effecting a part payment of US$120 000.
On July 12, 2022, the HMMAS board realised that HMMAS had no legacy debt and stopped making payments.
Kereke then threatened to repossess the property which was still in his name and made it clear to them that he was still in possession of the property title deeds.
As a result, HMMAS authorised payments towards the liquidation of the fraudulently acknowledged debt and paid another US$17 000.
The HMMAS board later rescinded the resolution to effect payment and reported the matter to Zimbabwe Anti-corruption Commission.
To date, Kereke has received a total of US$137 000 from HMMAS towards the liquidation of the fraudulent debt claim of US$400 000. Herald
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