Gono not yet off the hook

Business couple Clark Clever Makoni and Beverly Aisha Ndonda Makoni have approached the High Court seeking to overturn a ruling by Regional Magistrate Stanford Mambanje, which dismissed their application for discharge in a case alleging fraud and the corrupt use of a false document involving former Reserve Bank of Zimbabwe (RBZ) governor Gideon Gono.

In their court papers, the couple accuses Magistrate Mambanje of grossly misdirecting himself and "creating new charges" by placing them on their defence despite what they describe as a State case "barren of evidence." They have cited both the magistrate and Prosecutor General Loice Matanda-Moyo as first and second respondents, respectively.

The couple contends that the magistrate ignored the absence of essential elements required to prove the alleged offences, arguing that no sensible court could have arrived at his decision. Represented by Admire Rubaya of Rubaya and Chatambudza Legal Practitioners, the Makonis describe the prosecution as a "failed fishing expedition," likening it to a soccer player diving for a penalty without cause.

The couple is accused of allegedly altering the directorship of Valley Lodge (Pvt) Ltd in 2017, removing Ayoob Omar and Mohammed Hussein Omar and replacing them with their own names to gain control of the lodge's accounts. The State further alleges that they withdrew funds amounting to US$70,000.

The Makonis strongly dispute these claims, arguing that the State has failed to prove misrepresentation, intent, or prejudice. They say witnesses have confirmed that Valley Lodge's directorship has remained unchanged since 2009, directly contradicting the fraud allegations. Furthermore, the couple asserts that no evidence has been presented showing any withdrawal of funds from the lodge's account, and the authenticity of the alleged fraudulent CR14 form has never been proven.

The couple also accuses Magistrate Mambanje of overstepping his judicial role by effectively creating particulars for the charge rather than allowing the State to lead its case. "A criminal trial is not a fishing expedition. The accused persons should not be put to their defence hoping that along the way they will convict themselves," their court papers read.

The Makonis are requesting that the High Court review and set aside Mambanje's ruling, substituting it with a verdict of not guilty, on the grounds that the magistrate acted without jurisdiction. The matter has not yet been heard.