News / National
Soldiers' $18,000 magician acquitted
16 Apr 2016 at 06:35hrs | Views
A MAN who allegedly masqueraded as a magician and duped two soldiers of $18,500 after hoodwinking them into believing that he could turn old Z$5 notes into millions of United States dollars has been acquitted.
Bulawayo magistrate Gladmore Mushove acquitted Brian Moyo, 26, of Nketa suburb of two counts of fraud due to lack of evidence.
"There was no evidence showing that Moyo committed the crime. The state had no credible evidence to sustain the charge and clearly there was a manifestation of utterly unreliable evidence," said Mushove.
She said the state failed to prove its case beyond reasonable doubt.
"No proof at all was tendered to show that Moyo ever misrepresented anything to the complainants.
"There's no evidence on which Moyo could be convicted and accordingly he's found not guilty and acquitted," ruled Mushove.
In his defence, Moyo, who was represented by Khulekani Sibanda of Mathonsi, Ncube Law Chambers, said his uncle requested him to receive the money on his behalf using his Ecocash account.
The uncle only identified as Mukombe is reportedly in Mozambique.
Prosecuting, Jeremiah Mutsindikwa, said on April 3 last year, Simon Rambu, a soldier, was phoned by Moyo who indicated that he was interested in old Z$5 notes in exchange for thousands of US dollars.
Rambu informed his workmate Alaster Anusa.
They then got in touch with Moyo who allegedly tricked them into sending money through his Ecocash account under the guise that it was for his bus fare to Bulawayo.
"The two men sent Moyo $40 after he had assured them that he would come to Bulawayo to discuss the deal," said Mutsindikwa.
The court heard that Rambu and Anusa waited for Moyo. He did not turn up but instead tendered various excuses.
Moyo later phoned the two men and instructed them to deposit more money claiming it was meant to cleanse their Z$5 notes to enable them to multiply and turn into millions of US$.
He also instructed the complainants to carry out different rituals at their homes as part of the cleansing process.
Anusa was prejudiced of $8,500 while Rambu parted with $10,000.
The money was sent to Moyo on different occasions through the Ecocash facility.
The two men religiously played into Moyo's hands until November 2015 when they received a phone call from police in Harare informing them of Moyo's arrest following a tip-off.
Anusa, in his testimony, claimed that he sent Moyo $8,500 between April and September 2015 while Rambu said he lost $10,000 during the same period.
The two soldiers told the court that Moyo claimed that he was being used as a middleman by the "spirits" to collect the money on their behalf.
Bulawayo magistrate Gladmore Mushove acquitted Brian Moyo, 26, of Nketa suburb of two counts of fraud due to lack of evidence.
"There was no evidence showing that Moyo committed the crime. The state had no credible evidence to sustain the charge and clearly there was a manifestation of utterly unreliable evidence," said Mushove.
She said the state failed to prove its case beyond reasonable doubt.
"No proof at all was tendered to show that Moyo ever misrepresented anything to the complainants.
"There's no evidence on which Moyo could be convicted and accordingly he's found not guilty and acquitted," ruled Mushove.
In his defence, Moyo, who was represented by Khulekani Sibanda of Mathonsi, Ncube Law Chambers, said his uncle requested him to receive the money on his behalf using his Ecocash account.
The uncle only identified as Mukombe is reportedly in Mozambique.
Prosecuting, Jeremiah Mutsindikwa, said on April 3 last year, Simon Rambu, a soldier, was phoned by Moyo who indicated that he was interested in old Z$5 notes in exchange for thousands of US dollars.
Rambu informed his workmate Alaster Anusa.
"The two men sent Moyo $40 after he had assured them that he would come to Bulawayo to discuss the deal," said Mutsindikwa.
The court heard that Rambu and Anusa waited for Moyo. He did not turn up but instead tendered various excuses.
Moyo later phoned the two men and instructed them to deposit more money claiming it was meant to cleanse their Z$5 notes to enable them to multiply and turn into millions of US$.
He also instructed the complainants to carry out different rituals at their homes as part of the cleansing process.
Anusa was prejudiced of $8,500 while Rambu parted with $10,000.
The money was sent to Moyo on different occasions through the Ecocash facility.
The two men religiously played into Moyo's hands until November 2015 when they received a phone call from police in Harare informing them of Moyo's arrest following a tip-off.
Anusa, in his testimony, claimed that he sent Moyo $8,500 between April and September 2015 while Rambu said he lost $10,000 during the same period.
The two soldiers told the court that Moyo claimed that he was being used as a middleman by the "spirits" to collect the money on their behalf.
Source - chronicle
