News / National
Lawyer found guilty of trust fund money theft
27 Jul 2017 at 06:53hrs | Views
A SHURUGWI lawyer has been fined $400 and ordered to restitute $2 500 which he squandered after being engaged to facilitate a client's divorce settlement.
Mavese Mapfumo of Beacon Kopje suburb in Shurugwi appeared before Provincial Magistrate Mrs Phathekile Msipa facing theft of trust funds charges.
He was convicted against his own plea of not guilty.
"The accused is fined $400 and in default three months in prison with labour. In addition 12 months is suspended on condition he doesn't commit a similar offence in five years and the other six months is wholly suspended on condition the accused restitutes the sum of $2 500 to the complainant forthwith," said Mrs Msipa.
Mapfumo's lawyer, Ms Nyasha Maguranyanga had pleaded with the court to give her client a non-custodial sentence.
She said Mapfumo was willing to pay $450 per month for six months to settle the $2 500.
"My client is a first offender and I plead that he gets a non-custodial sentence and restitute the complainant," she said.
Prosecuting, Mr Bernard Nyoni said in January 2013, Mrs Mirirai Tsikira had a dispute with her husband, Mr Titus Makiwa and decided to engage Mapfumo for legal services over the couple's stand.
He said a Shurugwi magistrate ruled that stand number 78 Beacon Kopje in Shurugwi which the two owned during their marriage should be evaluated by a real estate agent and each party was to get an equal share.
Mr Nyoni said the property was valued at $5 000 by Trevor Dollar Real Estate Agents and Mrs Tsikira decided to pay $2 500 to Mr Makiwa as his share.
"On May 1 in 2014, complainant proceeded to the accused person's office with $2 500 cash which the accused person was supposed to hand over to Makiwa as a buyout share. The money was receipted in the accused person's law firm trust account and the complainant was issued with a receipt number 671," he said.
Mr Nyoni said the lawyer later informed the complainant that Mr Makiwa was refusing to collect the money after consulting his lawyers.
The court heard that in August 2014, Mapfumo squandered the money without Mrs Tsikira's consent.
Mr Nyoni said on June 26 last year, Mrs Tsikira went to Mapfumo's office to claim her money back but failed to recover it.
A report was made to the police leading to Mapfumo's arrest.
Mavese Mapfumo of Beacon Kopje suburb in Shurugwi appeared before Provincial Magistrate Mrs Phathekile Msipa facing theft of trust funds charges.
He was convicted against his own plea of not guilty.
"The accused is fined $400 and in default three months in prison with labour. In addition 12 months is suspended on condition he doesn't commit a similar offence in five years and the other six months is wholly suspended on condition the accused restitutes the sum of $2 500 to the complainant forthwith," said Mrs Msipa.
Mapfumo's lawyer, Ms Nyasha Maguranyanga had pleaded with the court to give her client a non-custodial sentence.
She said Mapfumo was willing to pay $450 per month for six months to settle the $2 500.
"My client is a first offender and I plead that he gets a non-custodial sentence and restitute the complainant," she said.
Prosecuting, Mr Bernard Nyoni said in January 2013, Mrs Mirirai Tsikira had a dispute with her husband, Mr Titus Makiwa and decided to engage Mapfumo for legal services over the couple's stand.
He said a Shurugwi magistrate ruled that stand number 78 Beacon Kopje in Shurugwi which the two owned during their marriage should be evaluated by a real estate agent and each party was to get an equal share.
Mr Nyoni said the property was valued at $5 000 by Trevor Dollar Real Estate Agents and Mrs Tsikira decided to pay $2 500 to Mr Makiwa as his share.
"On May 1 in 2014, complainant proceeded to the accused person's office with $2 500 cash which the accused person was supposed to hand over to Makiwa as a buyout share. The money was receipted in the accused person's law firm trust account and the complainant was issued with a receipt number 671," he said.
Mr Nyoni said the lawyer later informed the complainant that Mr Makiwa was refusing to collect the money after consulting his lawyers.
The court heard that in August 2014, Mapfumo squandered the money without Mrs Tsikira's consent.
Mr Nyoni said on June 26 last year, Mrs Tsikira went to Mapfumo's office to claim her money back but failed to recover it.
A report was made to the police leading to Mapfumo's arrest.
Source - chronicle
