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Econet agent cleared Of ZiG1.17 million theft
10 hrs ago |
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A Mutare magistrate has acquitted 32-year-old Econet Insurance agent Medeline Mugadza of stealing ZiG 1,171,771.60 after the State failed to establish a prima facie case against her.
Mugadza, represented by Memory Mandingwa of Mhungu and Associates, faced charges of theft of trust property under Section 113(2)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. She was accused of withholding proceeds from motor vehicle insurance policies sold between 1 June 2024 and 30 April 2025 and converting the funds for personal use. Mugadza denied the allegations.
Mutare magistrate Perseverance Makala ruled that the State had not proven the essential elements of the offence, citing insufficient evidence linking Mugadza to the alleged crime. The court noted that emails and WhatsApp messages presented by the defence suggested an understanding between Mugadza and her direct supervisor, contradicting the prosecution's claims.
Magistrate Makala also questioned the credibility of the State's key witness, Gift Zumbika, who was not Mugadza's immediate supervisor and was unaware of communications between her and her supervisor. The defence had submitted documents demonstrating that Mugadza had accounted for the funds, with explanations corroborated by correspondence, effectively exonerating her.
Following the closure of the State's case, led by prosecutor Tafadzwa Zulu, the defence successfully applied for her discharge. In his ruling, Magistrate Makala stated:
"There was no evidence that the accused had taken the money and converted it to her own use. Furthermore, the court questions why the witness had come to testify when he was not the immediate supervisor of the accused… Therefore, the State has failed to establish a prima facie case against the accused. For these reasons, the accused is acquitted at the close of the State case, and is found not guilty."
Mugadza was subsequently cleared of all charges.
Mugadza, represented by Memory Mandingwa of Mhungu and Associates, faced charges of theft of trust property under Section 113(2)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. She was accused of withholding proceeds from motor vehicle insurance policies sold between 1 June 2024 and 30 April 2025 and converting the funds for personal use. Mugadza denied the allegations.
Mutare magistrate Perseverance Makala ruled that the State had not proven the essential elements of the offence, citing insufficient evidence linking Mugadza to the alleged crime. The court noted that emails and WhatsApp messages presented by the defence suggested an understanding between Mugadza and her direct supervisor, contradicting the prosecution's claims.
Following the closure of the State's case, led by prosecutor Tafadzwa Zulu, the defence successfully applied for her discharge. In his ruling, Magistrate Makala stated:
"There was no evidence that the accused had taken the money and converted it to her own use. Furthermore, the court questions why the witness had come to testify when he was not the immediate supervisor of the accused… Therefore, the State has failed to establish a prima facie case against the accused. For these reasons, the accused is acquitted at the close of the State case, and is found not guilty."
Mugadza was subsequently cleared of all charges.
Source - Manica Post
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