News / National
Temba Mliswa not guilty of extortion
10 Jun 2011 at 06:22hrs | Views
CONTROVERSIAL businessman Temba Mliswa has been acquitted of extorting US$1 600 from a Harare woman after the court ruled that she paid him on her own accord.
Mliswa (39) had pleaded not guilty to the charges when his trial started before Harare magistrate Mr Don Ndirowei.
He was accused of demanding US$2 000 so that he could order the release of the woman's parents who were arrested for stealing from him.
Soon after State case, his lawyer Mr Charles Chinyama applied for discharge on the basis that the State had failed to prove a prima-facie case against his client.
In his ruling, Mr Ndirowei said the woman in question had voluntarily offered money to Mliswa and she had said she did not make a report of extortion.
The evidence of Chief Inspector Morrison Makiwa, the court ruled, was inconsistent and the State had failed to prove the essential elements of extortion hence Mliswa was entitled to an acquittal.
Charges against Mliswa were that sometime in 2009, the businessman employed Saunders' parents at his Spring Farm in Karoi as a mechanic and accountant respectively.
It was alleged that in August of the same year, Mliswa accused Doratiena of failing to account for US$4 661 and he reported the case to Karoi police under CR 5589.
The State said Dion Gons heard the news and negotiated with Mliswa over his mother's release and volunteered to pay back the money.
Mliswa, it was alleged, filed a withdrawal affidavit to the then officer in charge Chief Inspector Makiwa in which he indicated that he had agreed to have an out of court settlement.
The court heard that after the incident, Botha and Doratiena resigned in September from the farm and relocated to Harare.
The following month Mliswa allegedly employed Tongai Mvurume, as a stock manager and he reported a case to the police against Botha accusing him of stealing a tools box and a cellphone valued at US$350 which he used during his tenure.
It is further alleged that on March 11 this year, Mliswa met the couple in Harare and informed the police that they were wanted by Karoi police and were subsequently arrested.
It was alleged Beryl went to Borrowdale Police Station where she was advised to approach Mliswa.
He reportedly told her that her mother owed him US$4 585 and communication led her to pay US$1 600 and she signed a document provided by Mliswa's wife who posed as his legal advisor.
Beryl together with Mliswa later went to Borrowdale Police Station where her parents were released.
Mliswa (39) had pleaded not guilty to the charges when his trial started before Harare magistrate Mr Don Ndirowei.
He was accused of demanding US$2 000 so that he could order the release of the woman's parents who were arrested for stealing from him.
Soon after State case, his lawyer Mr Charles Chinyama applied for discharge on the basis that the State had failed to prove a prima-facie case against his client.
In his ruling, Mr Ndirowei said the woman in question had voluntarily offered money to Mliswa and she had said she did not make a report of extortion.
The evidence of Chief Inspector Morrison Makiwa, the court ruled, was inconsistent and the State had failed to prove the essential elements of extortion hence Mliswa was entitled to an acquittal.
Charges against Mliswa were that sometime in 2009, the businessman employed Saunders' parents at his Spring Farm in Karoi as a mechanic and accountant respectively.
The State said Dion Gons heard the news and negotiated with Mliswa over his mother's release and volunteered to pay back the money.
Mliswa, it was alleged, filed a withdrawal affidavit to the then officer in charge Chief Inspector Makiwa in which he indicated that he had agreed to have an out of court settlement.
The court heard that after the incident, Botha and Doratiena resigned in September from the farm and relocated to Harare.
The following month Mliswa allegedly employed Tongai Mvurume, as a stock manager and he reported a case to the police against Botha accusing him of stealing a tools box and a cellphone valued at US$350 which he used during his tenure.
It is further alleged that on March 11 this year, Mliswa met the couple in Harare and informed the police that they were wanted by Karoi police and were subsequently arrested.
It was alleged Beryl went to Borrowdale Police Station where she was advised to approach Mliswa.
He reportedly told her that her mother owed him US$4 585 and communication led her to pay US$1 600 and she signed a document provided by Mliswa's wife who posed as his legal advisor.
Beryl together with Mliswa later went to Borrowdale Police Station where her parents were released.
Source - Byo24News
