Naison Madyambwa will know whether he will stand trial on
allegations of defrauding Achidaishe Mudzingwa in a gold mining deal after the
state quashed his appeal for discharge.
Prosecutor Godknows Mugondo said the businessman who runs
Hiepeg Tyre Services in Masvingo showed that he misrepresented to the female
investor, after luring her into a
relationship before defrauding her.
Mugondo argued that misrepresentation is an essential
element of the offence of fraud as indicated by various visits the businessman
made with the investor to the mining locations including the Kilmanock visit
which were all collaborated by one witness, Wallace Mlambo.
“The mere fact that
the complainant went on to make a solo visit after the initial visit with
accused clearly shows that she was made to believe that she was owning the
mine, misrepresentation is therefore proven,”
“The evidence led so far is of probative value such that a
reasonable Court can convict,
“That coupled with the undisputable fact that complainant
sent money to the accused makes the evidence adduced by the state of probative
value so as to make a reasonable court to convict, ” the prosecutor said.
The state added that the businessman leveraged on the
romantic affair to defraud the complainant saying existence of a relationship
does not vitiate the possibility of the investor being defrauded
“Such a romantic relationship between the two may as well
explain why the mine buying instruction was verbal, based on trust,” Mugondo
said
In addition the
state said the businessman still has questions to answer before the court which
include the reasons he met Tapiwa Chakawarika at Wailers and signed for
receiving US$50 000 cash.
As well as to answer whether he received the money from the investor as gifts, or he never
received money at all, and to explain
why he is delegitimizing the transactions which was part of his defence.
Madyambwa is being represented by lawyer Charles Ndhlovu of
Ndhlovu and Hwacha legal practitioner. Midweek Watch
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