News / National
Lawyer jailed for stealing $57,000
26 Jul 2014 at 06:57hrs | Views
Beleaguered Harare lawyer Thomas Sakutukwa (39) was on Friday slapped with an effective two years imprisonment by a Harare Magistrate for stealing $57 300 belonging to a client.
Magistrate Aidonia Masawi proved that the prominent lawyer stole trust funds that had been put in his Native Properties Trust account.
The magistrate sentenced Sakutukwa to five years in prison and suspended two years on condition of good behaviour.
Another year was suspended on condition that the deregistered legal practitioner restituted complainants' of their money.
The disgraced lawyer has been in custody for the past six months while trial proceedings were running.
In aggravation, prosecutor Michael Reza pointed out the dishonest legal practitioner deserved a custodial sentence for his troubles
"A custodial sentence is most fitting given that the law society is dealing with many cases of errant lawyers (who were) abusing trust funds," he said.
Reza said though Sakutukwa had pleaded for a non custodial sentence so that he could reimburse the complainant, he could engage his lawyer to carry out such transactions from jail.
Sakutukwa fraudulently stole $57 300 in trust funds from the complainants Benny Chetse, Hillary Manhuwa, Linet Pondo, Clever Kapita and William Mukanganisa.
In the first count, sometime in May last year, Sakutukwa was mandated with selling Chetse's Western Triangle house as the complainant was in dire need of cash to sustain his medical bills.
The former sold the property to Everson Chimverehwo and deposited the money into the Sakutukwa's Native Properties Trust account.
After receiving the money, the accused converted it to personal use.
Using the same modus operandi, Sakutukwa sold Manhuwa's Zengeza 4 house and converted $7 500 to his own use in March 2013.
He also swindled $14 600 from Pondo of New Mabvuku in a botched residential deal sometime in June last year.
Reza said some of Sakutukwa's victims were people of little means whose desire to own properties went up in smoke after the convict had abused their funds.
The prosecutor said it was shocking that the defence counsel Nathaniel Chigoro had told the court that his client had been forced by circumstances to steal because he wanted to maintain his standard of life.
In mitigation, Chigoro told the court that his client deserved mercy because he was a first offender who had pleaded guilty to the offence and had so far paid a high price for his misdeeds.
"The offender is a reputable legal practitioner who could have pleaded not guilty and go through a protracted trial, but he chose not to waste the court's honourable time.
"He lost his job as he was officially deregistered on July 18 this year," he said.
Earlier this year, another well-known Harare lawyer, Simbarashe Tsaurai (30), was slapped with 18 months imprisonment after Provincial Magistrate Vakai Douglas Chikwekwe proved that he stole trust funds from his clients.
Magistrate Aidonia Masawi proved that the prominent lawyer stole trust funds that had been put in his Native Properties Trust account.
The magistrate sentenced Sakutukwa to five years in prison and suspended two years on condition of good behaviour.
Another year was suspended on condition that the deregistered legal practitioner restituted complainants' of their money.
The disgraced lawyer has been in custody for the past six months while trial proceedings were running.
In aggravation, prosecutor Michael Reza pointed out the dishonest legal practitioner deserved a custodial sentence for his troubles
"A custodial sentence is most fitting given that the law society is dealing with many cases of errant lawyers (who were) abusing trust funds," he said.
Reza said though Sakutukwa had pleaded for a non custodial sentence so that he could reimburse the complainant, he could engage his lawyer to carry out such transactions from jail.
Sakutukwa fraudulently stole $57 300 in trust funds from the complainants Benny Chetse, Hillary Manhuwa, Linet Pondo, Clever Kapita and William Mukanganisa.
In the first count, sometime in May last year, Sakutukwa was mandated with selling Chetse's Western Triangle house as the complainant was in dire need of cash to sustain his medical bills.
After receiving the money, the accused converted it to personal use.
Using the same modus operandi, Sakutukwa sold Manhuwa's Zengeza 4 house and converted $7 500 to his own use in March 2013.
He also swindled $14 600 from Pondo of New Mabvuku in a botched residential deal sometime in June last year.
Reza said some of Sakutukwa's victims were people of little means whose desire to own properties went up in smoke after the convict had abused their funds.
The prosecutor said it was shocking that the defence counsel Nathaniel Chigoro had told the court that his client had been forced by circumstances to steal because he wanted to maintain his standard of life.
In mitigation, Chigoro told the court that his client deserved mercy because he was a first offender who had pleaded guilty to the offence and had so far paid a high price for his misdeeds.
"The offender is a reputable legal practitioner who could have pleaded not guilty and go through a protracted trial, but he chose not to waste the court's honourable time.
"He lost his job as he was officially deregistered on July 18 this year," he said.
Earlier this year, another well-known Harare lawyer, Simbarashe Tsaurai (30), was slapped with 18 months imprisonment after Provincial Magistrate Vakai Douglas Chikwekwe proved that he stole trust funds from his clients.
Source - The Zim mail
