News / National
Man (60) gets 3 years behind bars for robbing the dead
12 May 2012 at 04:53hrs | Views
A 60-year-old MARONDERA man, who posed as a lawyer before selling a house allocated in a deceased estate, has been jailed for an effective three years.
Marondera magistrate Ms Josephine Sunday sentenced Elijah Machemba to six years in prison before suspending three on condition that he restitutes US$18 000 by August 31, 2012.
Ms Sunday had acquitted Machemba of fraud charges but convicted him of theft and forgery. Machemba's lawyer Mr Batanai Pesanai of IEG Musimbe and Partners had pleaded for a non-custodial sentence and restitution of the complainants.
"There is more to this offence than meets the eye as there was a lot of connivance involving honourable people, including a late magistrate. "This could have been a case of many accused persons charged with conspiracy, but it's unfortunate that my client is the only one facing the wrath of the law," Said Mr Pesanai.
Appearing for the State, Ms Rangarirai Gurupira said Machemba misrepresented to Ms Mary Ajibu in 2004 that he was a lawyer and could help her evict her stepbrother Danny Ajibu from the house in Yellow City.
The house had been left in the custody of Mr Fasilo Ajibu by his late brother in 2001.
Mr Fasilo Ajibu went to Malawi in 2003 leaving the house in the care of his two sisters Mary and Winnie.
Ms Gurupira told the court that Machemba was given Z$60 000 by Mary Ajibu to process the eviction order. He invited Ms Ajibu to Dombotombo Housing Department.
Machemba misrepresented to her that she was to sign an eviction order, yet it was a form for change of ownership. The eviction of Danny was never done and frantic efforts to locate Machemba were in vain.
Mary Ajibu eventually went to the Housing Department and was told the house had been sold.
Mary was also told that she had signed a cession form authorising the sale of the house.
A report was made to the police leading to Machemba's arrest.
Fake documents including a general power of attorney, cession form and agreement of sale were produced in court as evidence.
The buyer of the house, Ms Kethokile Washaya, testified that Machemba told her he was selling the house on behalf of his sister.
Marondera magistrate Ms Josephine Sunday sentenced Elijah Machemba to six years in prison before suspending three on condition that he restitutes US$18 000 by August 31, 2012.
Ms Sunday had acquitted Machemba of fraud charges but convicted him of theft and forgery. Machemba's lawyer Mr Batanai Pesanai of IEG Musimbe and Partners had pleaded for a non-custodial sentence and restitution of the complainants.
"There is more to this offence than meets the eye as there was a lot of connivance involving honourable people, including a late magistrate. "This could have been a case of many accused persons charged with conspiracy, but it's unfortunate that my client is the only one facing the wrath of the law," Said Mr Pesanai.
Appearing for the State, Ms Rangarirai Gurupira said Machemba misrepresented to Ms Mary Ajibu in 2004 that he was a lawyer and could help her evict her stepbrother Danny Ajibu from the house in Yellow City.
The house had been left in the custody of Mr Fasilo Ajibu by his late brother in 2001.
Ms Gurupira told the court that Machemba was given Z$60 000 by Mary Ajibu to process the eviction order. He invited Ms Ajibu to Dombotombo Housing Department.
Machemba misrepresented to her that she was to sign an eviction order, yet it was a form for change of ownership. The eviction of Danny was never done and frantic efforts to locate Machemba were in vain.
Mary Ajibu eventually went to the Housing Department and was told the house had been sold.
Mary was also told that she had signed a cession form authorising the sale of the house.
A report was made to the police leading to Machemba's arrest.
Fake documents including a general power of attorney, cession form and agreement of sale were produced in court as evidence.
The buyer of the house, Ms Kethokile Washaya, testified that Machemba told her he was selling the house on behalf of his sister.
Source - Byo24News
