News / National
Harlington Shereni granted leave to appeal in $8k fraud case
12 Aug 2015 at 07:24hrs | Views
The Magistrates' Court has granted former Warriors defender Harlington Shereni leave to appeal in the Constitutional Court (Con-Court) against an $8 000 fraud case.
Shereni appealed against a magistrate court's decision to produce telephone and e-mail conversations that he had with the complainant Rumbidzai Mudenge.
Shereni is accused of disappearing without settling an $8 000 bill for his failed testimonial match. He is being charged with "making off without payment".
Through his lawyer, Musindo Hungwe, Shereni made the application after objecting that producing the conversations would infringe on his constitutional right to privacy.
Harare magistrate Nomsa Sabarauta granted the application last Friday, and referred the matter to the Con-Court for determination on the point raised by Hungwe.
In his application, Shereni argued, "In terms of section 174 (4) of the Constitution it clearly sets out whether private communications can be used in legal proceedings unless both parties agree that information can be tendered in court as evidence or an exhibit."
Prosecutor Shambidzeni Fungura had opposed the application, arguing that the information in question was no longer private because Shereni had communicated with several other people when the offence was committed.
Shereni denied the charges on the basis that it was a civil matter that should not attract criminal charges.
"The court cannot be made to carry out debt collection services. Further to that, some of the claims are for events that were never rendered like the gala and testimonial match," he said.
Fungura alleged that on May 18, Shereni engaged Mudenge to plan a press conference, gala dinner, testimonial match and an after-party between June 9 and 27.
The two agreed that Shereni would settle the bill on June 9, soon after the presser.
However, he allegedly vanished without making any payment.
Mudenge made several attempts to locate the former Air Zimbabwe Jets and Dynamos fullback but to no avail, prompting her to make a police report, leading to Shereni's arrest.
Shereni appealed against a magistrate court's decision to produce telephone and e-mail conversations that he had with the complainant Rumbidzai Mudenge.
Shereni is accused of disappearing without settling an $8 000 bill for his failed testimonial match. He is being charged with "making off without payment".
Through his lawyer, Musindo Hungwe, Shereni made the application after objecting that producing the conversations would infringe on his constitutional right to privacy.
Harare magistrate Nomsa Sabarauta granted the application last Friday, and referred the matter to the Con-Court for determination on the point raised by Hungwe.
In his application, Shereni argued, "In terms of section 174 (4) of the Constitution it clearly sets out whether private communications can be used in legal proceedings unless both parties agree that information can be tendered in court as evidence or an exhibit."
Prosecutor Shambidzeni Fungura had opposed the application, arguing that the information in question was no longer private because Shereni had communicated with several other people when the offence was committed.
Shereni denied the charges on the basis that it was a civil matter that should not attract criminal charges.
"The court cannot be made to carry out debt collection services. Further to that, some of the claims are for events that were never rendered like the gala and testimonial match," he said.
Fungura alleged that on May 18, Shereni engaged Mudenge to plan a press conference, gala dinner, testimonial match and an after-party between June 9 and 27.
The two agreed that Shereni would settle the bill on June 9, soon after the presser.
However, he allegedly vanished without making any payment.
Mudenge made several attempts to locate the former Air Zimbabwe Jets and Dynamos fullback but to no avail, prompting her to make a police report, leading to Shereni's arrest.
Source - dailynews
