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Harare lawyer acquitted
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Harare lawyer Stanslaus Munyaradzi Bwanya has been acquitted of perjury, extortion, and forgery charges linked to a prolonged land dispute over stand 91 in Carrick Creagh Estate, Borrowdale. Magistrate Lisah Mutendereki, in delivering her judgment, criticised the State for failing to provide sufficient evidence to prove guilt beyond a reasonable doubt.
"Lawyers act on instructions, and it would be a sad day for justice if lawyers are prosecuted for carrying out mandates given by their clients," Magistrate Mutendereki remarked during her ruling. She emphasised the lack of evidence to support the allegations, leading to Mr Bwanya's acquittal on all charges.
The dispute traces its origins to 2009, when former Zimbabwe Anti-Corruption Commission Commissioner Farai Olivia Mashonganyika acquired the stand through the Ministry of Local Government and Public Works. She paid $10,000 in development fees to Arosume Property Development and an additional $4,000 for the land's intrinsic value, formalised through title deed number 5690/2011.
However, more than a decade later, the ownership of the land became the subject of a contentious legal battle. The State alleged that in April 2022, Mr Bwanya, acting on behalf of Arosume Property Development, approached Ms Mashonganyika's brother, Moses Gumbochuma, with a proposal for Ms Mashonganyika to relinquish 2,000 square metres of her land as part of a resolution to ongoing disputes.
Additionally, Mr Bwanya was accused of fabricating a court application to obstruct development on the stand and submitting a fraudulent deed of transfer to the High Court.
Mr Bwanya denied all charges, describing them as baseless and malicious. He argued that his actions were carried out in his professional capacity as a legal practitioner and conveyancer for Arosume Property Development.
His defence was bolstered by recorded conversations with Ms Mashonganyika, which contradicted the State's claims. Although Ms Mashonganyika challenged the authenticity of the recordings, the investigating officer admitted that they had not been authenticated.
Further allegations of forgery and perjury were also dismissed due to insufficient evidence. The court found no credible testimony or documents to support the claim that Mr Bwanya had falsified records or demanded a portion of Ms Mashonganyika's land.
Officials from the Deeds Registry, alongside witness testimony and supporting documentation, corroborated Mr Bwanya's version of events, leading the court to conclude that he had acted within the bounds of his professional responsibilities.
Magistrate Mutendereki's judgment exonerated Mr Bwanya and underscored the State's failure to present a compelling case. The acquittal not only clears him of all charges but also restores his reputation as a respected legal professional.
The verdict brings a sense of closure to a complex legal saga, highlighting the importance of thorough investigations and the protection of legal practitioners carrying out their duties.
"Lawyers act on instructions, and it would be a sad day for justice if lawyers are prosecuted for carrying out mandates given by their clients," Magistrate Mutendereki remarked during her ruling. She emphasised the lack of evidence to support the allegations, leading to Mr Bwanya's acquittal on all charges.
The dispute traces its origins to 2009, when former Zimbabwe Anti-Corruption Commission Commissioner Farai Olivia Mashonganyika acquired the stand through the Ministry of Local Government and Public Works. She paid $10,000 in development fees to Arosume Property Development and an additional $4,000 for the land's intrinsic value, formalised through title deed number 5690/2011.
However, more than a decade later, the ownership of the land became the subject of a contentious legal battle. The State alleged that in April 2022, Mr Bwanya, acting on behalf of Arosume Property Development, approached Ms Mashonganyika's brother, Moses Gumbochuma, with a proposal for Ms Mashonganyika to relinquish 2,000 square metres of her land as part of a resolution to ongoing disputes.
Additionally, Mr Bwanya was accused of fabricating a court application to obstruct development on the stand and submitting a fraudulent deed of transfer to the High Court.
Mr Bwanya denied all charges, describing them as baseless and malicious. He argued that his actions were carried out in his professional capacity as a legal practitioner and conveyancer for Arosume Property Development.
His defence was bolstered by recorded conversations with Ms Mashonganyika, which contradicted the State's claims. Although Ms Mashonganyika challenged the authenticity of the recordings, the investigating officer admitted that they had not been authenticated.
Further allegations of forgery and perjury were also dismissed due to insufficient evidence. The court found no credible testimony or documents to support the claim that Mr Bwanya had falsified records or demanded a portion of Ms Mashonganyika's land.
Officials from the Deeds Registry, alongside witness testimony and supporting documentation, corroborated Mr Bwanya's version of events, leading the court to conclude that he had acted within the bounds of his professional responsibilities.
Magistrate Mutendereki's judgment exonerated Mr Bwanya and underscored the State's failure to present a compelling case. The acquittal not only clears him of all charges but also restores his reputation as a respected legal professional.
The verdict brings a sense of closure to a complex legal saga, highlighting the importance of thorough investigations and the protection of legal practitioners carrying out their duties.
Source - The Herald
