News / National
Fraudster lawyer spared jail
29 Mar 2018 at 06:51hrs | Views
BULAWAYO lawyer, Russel Dzete, escaped prison after he was fined $700 for defrauding a home seeker of more than $13 000 with two other accomplices.
The court heard the trio had already repaid $7 000.
On Tuesday, Bulawayo regional magistrate Mr Joseph Mabeza sentenced Dzete (34) and his accomplice, Austin Moyo (62) to two years each in prison which was wholly suspended on condition they restitute Ms Noria Kairezi $6 340.
"Accused persons are ordered to pay $700 fine each or spend eight months in prison. Two years in jail each is wholly suspended on condition each accused persons restitutes the complainant $3 170 before October 31 this year," the magistrate said.
For the State, Mr Tinashe Dzipe said sometime in November 2015, Dzete who was employed at Marondedze, Mukuku and Partners Law firm in Bulawayo, which has since been placed under curatorship, connived with Moyo and one Maibvise to defraud Ms Kairezi and her late husband.
He said Maibvise, who is at large, placed an advertisement in a local newspaper purporting to be selling a residential stand in Bulawayo's Selbourne Park suburb and Ms Kairezi who was looking for a residential stand saw the advert. She contacted Maibvise and the two agreed to meet so she could view the stand.
"She was satisfied with the size of the stand which was being sold for $13 000 and she agreed to buy it upon being assured by Maibvise that the transaction would be handled by lawyers. On December 2 in 2015, Maibvise invited Ms Kairezi to Dzete's offices to finalise the sale of the property," he said.
"The complainant was satisfied with Dzete's explanation on the strength that he was a lawyer. In March 2016 after paying for the stand, she proceeded to occupy the residential stand and spent $9 500 on developing it," said Mr Dzipe.
She later discovered that the stand did not belong to Maibvise and demanded the refund from Dzete who only refunded her $9 500.
The court heard the trio had already repaid $7 000.
On Tuesday, Bulawayo regional magistrate Mr Joseph Mabeza sentenced Dzete (34) and his accomplice, Austin Moyo (62) to two years each in prison which was wholly suspended on condition they restitute Ms Noria Kairezi $6 340.
"Accused persons are ordered to pay $700 fine each or spend eight months in prison. Two years in jail each is wholly suspended on condition each accused persons restitutes the complainant $3 170 before October 31 this year," the magistrate said.
He said Maibvise, who is at large, placed an advertisement in a local newspaper purporting to be selling a residential stand in Bulawayo's Selbourne Park suburb and Ms Kairezi who was looking for a residential stand saw the advert. She contacted Maibvise and the two agreed to meet so she could view the stand.
"She was satisfied with the size of the stand which was being sold for $13 000 and she agreed to buy it upon being assured by Maibvise that the transaction would be handled by lawyers. On December 2 in 2015, Maibvise invited Ms Kairezi to Dzete's offices to finalise the sale of the property," he said.
"The complainant was satisfied with Dzete's explanation on the strength that he was a lawyer. In March 2016 after paying for the stand, she proceeded to occupy the residential stand and spent $9 500 on developing it," said Mr Dzipe.
She later discovered that the stand did not belong to Maibvise and demanded the refund from Dzete who only refunded her $9 500.
Source - chronicle
