By Tarisai Machakaire
HARARE – Former Warriors defender Harlington Shereni yesterday applied for his $8 000 fraud case to be referred to the Constitutional Court (Con-Court).
He is accused of disappearing without settling an $8 000 bill for his failed testimonial match. Shereni is officially being charged with “making off without payment”.
Through his lawyer, Musindo Hungwe, Shereni, made the application after objecting to production of telephone conversations and e-mails by the complainant. He argued the move infringed on his constitutional right to privacy.
“In terms of section 174 (4) of the Constitution, it clearly sets out whether private communications can be used in legal proceedings, unless both parties agree that information can be tendered in court as evidence or exhibits,” Shereni argued through his attorney.
Prosecutor Shambidzeni Fungura argued that the information in question was no longer private because Shereni had communicated with several other people when the offence was committed.
Shereni denied the charges on the basis that it was a civil matter that should not attract criminal charges.
“The court cannot be made to carry out debt collection services,” Shereni’s lawyer argued.
“Further to that, some of the claims are for events that were never rendered like the gala and testimonial match.”
The complainant is Mudenge Rumbidzai, 34, of 522 St Patricks Close, Glen Lorne in Harare and is employed by Ethos (Pvt) Ltd.
Fungura alleged that on May 18, Shereni engaged Mudenge to plan a press conference, gala dinner, testimonial match and after-party between June 9 and 27.
The two agreed that Shereni would settle the bill on June 9, soon after the presser.
He allegedly vanished without making payment.
Mudenge made several attempts to locate the former Air Zimbabwe Jets and Dynamos fullback but to no avail, the court heard.
This prompted her to file a police report, leading to Shereni’s arrest. Daily News
