A Harare man, Michael Mutsvunguma, who is facing allegations of swindling a ZB bank employee of US$18 000, has applied for discharge after arguing that there is no evidence to prove the case against him.
The main witness in the case, Russell Chiweza, who is a mechanic to the complainant, Colleta Mhishi, told the court that he had seen Mhishi handing over the money to Mutsvunguma, but did not know the actual amount.
In his application for discharge at the close of the State case at the Harare Magistrates’ Court yesterday, Mutsvunguma argued that the witness made up the statement to provide a back-up to the complainant’s evidence.
Mutsvunguma last week tendered his defence outline to Harare magistrate Mrs Chido Garwe denying that he received any money from Mhishi.
He told the court that on the day Mhishi is alleged to have given him the money, he was away facilitating the processing of a forensic post-mortem for his father-in-law while in the company of a police homicide team that included a Constable Cherai, one Sergeant Musakaruka and Earnest Arufaneti.
The complainant had alleged the money was for a Mercedes Benz that the accused was selling.
But the accused denied that, saying he had no vehicle that was on sale. Mutsvunguma further stated that the complainant had some deal with his sister, Victoria Dhlamini, who is said to be on the run.
Mutsvunguma said Mhishi wanted to illegally take away his vehicle through misrepresentation. The Sunday Mail