Businessman Ofer Sivan application thrown away, court orders his trial

Businessman Ofer Sivan and his personal assistant Cassandra Myburg who are accused of fraud suffered a major setback after the High Court threw out their application for the quashing of charges.

Sivan and Myburg are facing allegations of conniving and forging the signatures of complainant Gilad Shabtai on the Stanbic Bank account opening forms and opened accounts which received US$762 000 and ZWL22 million in local currency which Sivan allegedly diverted to his own benefit.

They sought to have the charges fall but their application crumbled and they will now stand trial on March 28.

On January 23, the two filed an application challenging indictment and to quash the charges arguing that the charge was not clear who made the alleged misrepresentation and that it does not disclose sufficient information on what they allegedly did.

The two through their lawyers also argued that Shabtai and minority shareholder Munyaradzi Gonyora had been removed as directors hence they should not appear in the proceedings.

The State responded to the application and initially argued that the application should not be heard as they had not been given notice.

The State also argued that the summons as served on the two complied with the law and were clear and not designed to prejudice or embarrass the two in their defence.

“All the essential elements of the offence of fraud have been satisfied in the indictment. The misrepresentation was made to Stanbic bank, that is clear.

“The misrepresentation was that Gilad Shabtai was one of the directors who had agreed to open the accounts with Stanbic Bank and had agreed to have the first accused appointed as the sole signatory of the Stanbic Account as well as that Gilad Shabtai had signed the account opening forms in circumstances where the two accused persons knew that the signatures on both the account opening forms and the company resolution were not Gilad Shabtai’s.

“These are clear particulars of the offence which are easily ascertainable from the indictment,” the State said.

Sivan and Shabtai have been engaged in a fierce battle for the control of the Adlecraft with Sivan claiming 100 percent shareholding which is disputed by the other parties.