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High Court dismisses stands fraudsters appeal
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The High Court has dismissed an appeal by two former Delatfin employees, Jacob Muyambo and Saymore Mutakura, who sought to overturn their convictions and 20-year prison sentences for defrauding their employer of property valued at $3 million. The appeal was heard by Justices Happius Zhou and Neville Wamambo, who upheld the ruling by Harare regional magistrate Stanford Mambanje, declaring that the sentences were within legal bounds given the severity of the crime.
The two were initially convicted alongside Amos Kagona, who tragically took his own life on the day he was scheduled to be sentenced. As a result, the magistrate had reduced Muyambo and Mutakura's sentences by two years.
Justice Zhou and Justice Wamambo maintained the order that the contested stands be returned to Delatfin's registry, reaffirming the company's ownership of the $3 million property.
"The evidence presented by the State was credible and compelling," the judges stated. "The $3 million valuation was verified by an auditor who testified in court. Given the seriousness and premeditated nature of the fraud, a lenient sentence would be inappropriate and send the wrong message."
The judges criticized the actions of the accused, particularly Muyambo, for abusing his office and violating the trust placed in him. They noted the persistent and calculated nature of the fraud, emphasizing that the sentence should be proportional to the crime.
"While they are first-time offenders, the magnitude of their actions calls for a punishment that matches the gravity of the offence, tempered by a measure of mercy," they added. The judges remarked that the crime had been committed under aggravating circumstances, noting that the fraud involved stands designated for common use that had been illicitly transferred.
District public prosecutor Tafara Chirambira demonstrated that from August 2015 to March 2018, Muyambo, Kagona, and Mutakura systematically defrauded Delatfin Civil Engineering of valuable stands.
At the time of the appeal, only Muyambo had managed to post the $3,000 bail required to appeal the sentence, while Mutakura remained in custody. Following the High Court's decision, Muyambo was ordered to return to prison to begin serving his 18-year term.
The two were initially convicted alongside Amos Kagona, who tragically took his own life on the day he was scheduled to be sentenced. As a result, the magistrate had reduced Muyambo and Mutakura's sentences by two years.
Justice Zhou and Justice Wamambo maintained the order that the contested stands be returned to Delatfin's registry, reaffirming the company's ownership of the $3 million property.
"The evidence presented by the State was credible and compelling," the judges stated. "The $3 million valuation was verified by an auditor who testified in court. Given the seriousness and premeditated nature of the fraud, a lenient sentence would be inappropriate and send the wrong message."
The judges criticized the actions of the accused, particularly Muyambo, for abusing his office and violating the trust placed in him. They noted the persistent and calculated nature of the fraud, emphasizing that the sentence should be proportional to the crime.
"While they are first-time offenders, the magnitude of their actions calls for a punishment that matches the gravity of the offence, tempered by a measure of mercy," they added. The judges remarked that the crime had been committed under aggravating circumstances, noting that the fraud involved stands designated for common use that had been illicitly transferred.
District public prosecutor Tafara Chirambira demonstrated that from August 2015 to March 2018, Muyambo, Kagona, and Mutakura systematically defrauded Delatfin Civil Engineering of valuable stands.
At the time of the appeal, only Muyambo had managed to post the $3,000 bail required to appeal the sentence, while Mutakura remained in custody. Following the High Court's decision, Muyambo was ordered to return to prison to begin serving his 18-year term.
Source - newsday
