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Geza loses fraud case
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The State yesterday withdrew charges against former Agricultural and Rural Development Authority (ARDA) chairman Basil Nyabadza, who had been facing allegations of defrauding Mr. Blessed Geza of US$1,362,000 in a land deal. The charges were withdrawn before a plea could be entered.
Prosecutor Mr. Anesu Chirenje informed the court that the State would summon Nyabadza back to court once Mr. Geza, the complainant, is available to testify. Nyabadza, however, opposed the withdrawal, insisting that the charges should be read to him and that the trial should proceed as planned.
The case was heard before the newly assigned Magistrate Mr. Donald Ndirowei, who took over from Ms. Tilda Mazhande earlier in the day after she recused herself from the matter for personal reasons. Magistrate Ndirowei concurred with the State's request and agreed to withdraw the charges before the plea.
Notably, a withdrawal before a plea allows the evidence gathered to be used in any subsequent trial. In contrast, a withdrawal after a plea would have resulted in an automatic acquittal, with the evidence not being admissible in future proceedings.
Last week, Magistrate Mazhande had warned that Nyabadza would be removed from remand if Mr. Geza failed to appear in court. However, following her recusal, Magistrate Ndirowei proceeded with the withdrawal of charges.
The allegations against Nyabadza stem from a land deal in which Mr. Geza claims he purchased 42.3504 hectares of land from Nyabadza for US$1,362,000 on October 29, 2020. Under the agreement, Mr. Geza was granted exclusive rights to subdivide, develop, and sell the land. Nyabadza allegedly misrepresented that the land had title deeds, which he promised to provide within a month but failed to do so.
While in the process of obtaining subdivision permits from the Department of Physical Planning in Mashonaland West, Mr. Geza discovered that Nyabadza had sold the same parcel of land to Velda Estates. Upon contacting Nyabadza in an attempt to resolve the issue amicably, Mr. Geza allegedly found out that his agreement of sale had been cancelled without his knowledge.
Following this revelation, Mr. Geza reported the matter to the police, leading to Nyabadza's summons to court. As a result of the alleged fraud, Mr. Geza claims to have been prejudiced of US$1,362,000, with no recovery of the funds.
The case remains under scrutiny, with the State set to revisit the matter once Mr. Geza is able to testify.
Prosecutor Mr. Anesu Chirenje informed the court that the State would summon Nyabadza back to court once Mr. Geza, the complainant, is available to testify. Nyabadza, however, opposed the withdrawal, insisting that the charges should be read to him and that the trial should proceed as planned.
The case was heard before the newly assigned Magistrate Mr. Donald Ndirowei, who took over from Ms. Tilda Mazhande earlier in the day after she recused herself from the matter for personal reasons. Magistrate Ndirowei concurred with the State's request and agreed to withdraw the charges before the plea.
Notably, a withdrawal before a plea allows the evidence gathered to be used in any subsequent trial. In contrast, a withdrawal after a plea would have resulted in an automatic acquittal, with the evidence not being admissible in future proceedings.
The allegations against Nyabadza stem from a land deal in which Mr. Geza claims he purchased 42.3504 hectares of land from Nyabadza for US$1,362,000 on October 29, 2020. Under the agreement, Mr. Geza was granted exclusive rights to subdivide, develop, and sell the land. Nyabadza allegedly misrepresented that the land had title deeds, which he promised to provide within a month but failed to do so.
While in the process of obtaining subdivision permits from the Department of Physical Planning in Mashonaland West, Mr. Geza discovered that Nyabadza had sold the same parcel of land to Velda Estates. Upon contacting Nyabadza in an attempt to resolve the issue amicably, Mr. Geza allegedly found out that his agreement of sale had been cancelled without his knowledge.
Following this revelation, Mr. Geza reported the matter to the police, leading to Nyabadza's summons to court. As a result of the alleged fraud, Mr. Geza claims to have been prejudiced of US$1,362,000, with no recovery of the funds.
The case remains under scrutiny, with the State set to revisit the matter once Mr. Geza is able to testify.
Source - the herald
