HEARSAY : MAGISTRATE DISMISSES US$22K UK VISA SCAM

A Harare magistrate has acquitted a woman who was arrested on allegations of duping a client who was seeking certificates of sponsorship (COS) for her siblings to relocate to the United Kingdom of US$22 000 after a full trial.

Nyasha Mandeya was being accused of misrepresenting to Olivia Mugugu that her brother owned a care company in the United Kingdom and could facilitate her siblings’ employment.

However, Harare magistrate Patricia Kamwanda acquitted Mandeya, saying the State failed to prove a case against her.

She also ruled that witnesses’ testimonies were inconsistent, saying the evidence adduced was not sufficient to convict the accused person.

Five witnesses testified in the matter, with the court ruling that the evidence, excluding Magugu's, was hearsay and could not be admitted.

Mandeya denied the allegations, arguing that she advised Magugu that she dealt with issues of visa, not job applications.

She told the court that Magugu knew that there was a third party who was supposed to take the blame.

The court also found that the State did not establish that Mandeya authored the  certificates of sponsorship.

“This matter would have been solved if the investigating officer of the matter had been called to testify, as the same would have established the truth about the matter, especially the explanation of the accused persons.

“It is trite at law that where an accused person raises an alibi, it is the duty of the police to investigate it and establish its correctness or otherwise.

“In the absence of such an establishment, the court ought to accept the explanation of the accused person. It is elementary that in criminal matters, the court can only convict where there is proof beyond reasonable doubt.”

It was the State’s case that Mugugu sought certificates of sponsorship to assist her siblings in finding employment in the UK’s care sector.

Mugugu allegedly approached Mandeya after being referred by her friend, who claimed that Mandeya’s brother owned a care company which was seeking employees.

She allegedly advised Mugugu that she was able to process all the relevant documents for them to be employed by the company,” revealed court proceedings.

It was alleged that Mandeya demanded US$8 000 per person to initiate the process and she was allegedly given US$22 800 for the three individuals. Newsday