Mliswa cleared of ‘malicious’ charge

Controversial former Zimbabwe national soccer team fitness trainer and farmer Temba Mliswa got an early Christmas present Tuesday after Harare regional magistrate William Bhila threw out charges against him of fraudulently seizing farming equipment and cattle from Karoi farmer Petros Jacob van der Merwe.

In his ruling at the close of the state case, Bhila described Mliswa's appearance before the court on the alleged fraud charge as "malicious prosecution".

"This is a case of malicious prosecution of the accused (Mliswa). This case should not have been brought to court at all considering that time and resources were lost dealing with no case," Bhila said.

The magistrate said no fraud was committed by Mliswa as supported by the evidence of van der Merwe and his wife Carol together with the investigating officer Inspector Samuel Masvokweni.

"There is no fraud that was committed by the accused person. Both complainant and his wife admitted that there is a running contract signed between them and the accused until today," Bhila said. "Assuming that there is breach of contract between the parties, it is incumbent upon the complainant to sue the accused rather than raise criminal charges against him."

Bhila said during the trial both van der Merwe and his wife testified that no fraud was committed by

evidence of van der Merwe and his wife Carol together with the investigating officer Inspector Samuel Masvokweni.

"There is no fraud that was committed by the accused person. Both complainant and his wife admitted that there is a running contract signed between them and the accused until today," Bhila said. "Assuming that there is breach of contract between the parties, it is incumbent upon the complainant to sue the accused rather than raise criminal charges against him."

Bhila said during the trial both van der Merwe and his wife testified that no fraud was committed by Mliswa. He further said when van der Merwe was asked why he came to court he replied "confusedly" saying "I don't know."

The magistrate noted in his findings that the complainants did not report the matter to the police but were invited to a luxurious hotel, Holiday Inn, in Bulawayo where statements were recorded from them.

He said Carol van der Merwe appeared bewildered when she was giving evidence in court while investigating officer Masvokweni appeared not concerned with the proceedings in view of how he answered some questions put to him by Mliswa's lawyer Charles Chinyama.

Asked by Chinyama whether it was procedural for statements to be recorded at a hotel as opposed to a police station, Masvokweni replied: "There is no standing rule as to where the police are allowed to record statements from witnesses."

Bhila said Masvokweni admitted the matter was purely civil and would not have accepted a report had both Peter and Carol van der Merwe told him that no fraud was committed by Mliswa.

"Some of the said agreements and receipts were never given to me by the complainant and given the documents presented before this court there is no fraud," Masvokweni told the court in his evidence.

Both van der Merwe and his wife admitted in court that Mliswa still had part of their property which had not been sold under their agreement.

Chinyama said Mliswa and the complainant had a debtor-creditor relationship but van der Merwe wanted to use the police as debt collectors.