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New twist to Ginimbi case

by Staff reporter
23 Mar 2020 at 05:58hrs | Views
IN a new twist to businessman Genius Kadungure's case, the State yesterday insisted they would be proceeding with his criminal prosecution in a matter he is jointly charged with his company Piko Trading for allegedly evading over $4 million in tax.

This was despite indications by Kadungure that he was negotiating for an out-of-court settlement with the Zimbabwe Revenue Authority (Zimra).

Kadungure and his company, Piko Trading, were represented by Jonathan Samukange when he appeared before deputy chief magistrate Chrispen Mberewere. Samukange then filed an application for exception to the fraud charges arguing that the State had failed to establish

essential elements of the offence. He said the State had erred by charging Kadungure in his personal capacity as he was not in the country when the offence was committed.

However, prosecutor Andrew Kumire insisted that the State's actions were in compliance with provisions of the Criminal Law (Codification and Reform Act) that allows for a company's director to be charged in his personal capacity.

He added that they were prepared to amend the charge if the court decides so.

"There is no reason why the director or servant cited may not be charged in his personal capacity as well. Section 385 (3)(v) provides that "the citation of a director or employee of a corporate body to represent that corporate body in any criminal proceedings instituted against it shall not exempt that director or employee from prosecution for that offence in his personal capacity", read the State's submissions.

"He can only escape liability by showing on a preponderance of probabilities that he did not take part in the commission of the offence and could not have prevented it. The onus is thus on him. This does not relate to his being charged but to his guilt."

Commenting on the possibility of an out-of-court settlement, Kumire said it was the prerogative of Prosecutor-General Kumbirai Hodzi to make a discretion on how the matter would proceed in the event of the settlement.

He said Zimra did not have the mandate to determine how a matter that has been brought to court by the State should be finalised.

Mberewere will deliver the ruling on March 31.


Source - dailynews

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