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Woman seeks discharge in US$30 000 forgery case
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A Bulawayo woman, Sithabisiwe Ncube (44), has applied for discharge in a case accusing her of forging documents that led to the attachment of property worth over US$30 000 belonging to a United Kingdom-based man.
Ncube, a City of Bulawayo employee, is accused by Timothy Moyo of forging his signature to obtain a court order that attached his wife's Mercedes-Benz E220, imported from the UK in 2021, along with other household property. She reportedly claimed that Moyo owed her substantial sums of money.
Ncube appeared before Bulawayo Regional Magistrates' Court facing charges of forgery and fraud. On January 28, her lawyer, Tinashe Tashaya of Tashaya Law Chambers, filed an application for discharge, arguing that there is insufficient evidence to proceed and that the State has failed to establish a prima facie case.
The defence submitted that under Section 198(3) of the Criminal Procedure and Evidence Act, no reasonable court could safely convict based on the evidence presented. They noted inconsistencies in the complainant's signature across various documents, including his UK driver's licence, passport, and Zimbabwean ID, suggesting the alleged forged signature could have been manipulated.
The case revolves around an acknowledgment of debt allegedly forged by Ncube on October 13, 2023, for US$16 000. The defence pointed out discrepancies in the document dates, as the expert examined a document dated September 2, 2024, and did not compare it with older signatures signed before the dispute.
Regarding the fraud charge, the State alleges that Ncube misrepresented facts to the civil court by claiming Moyo owed US$16 000 instead of US$6 000. The defence argued that Moyo's testimony is not credible and that if the forgery charge is dismissed, the related misrepresentation allegations cannot stand.
The defence is requesting that Ncube be acquitted of both counts.
The ruling on the discharge application was postponed to February 26, with the State opposing the move, maintaining that Ncube has a case to answer.
Ncube, a City of Bulawayo employee, is accused by Timothy Moyo of forging his signature to obtain a court order that attached his wife's Mercedes-Benz E220, imported from the UK in 2021, along with other household property. She reportedly claimed that Moyo owed her substantial sums of money.
Ncube appeared before Bulawayo Regional Magistrates' Court facing charges of forgery and fraud. On January 28, her lawyer, Tinashe Tashaya of Tashaya Law Chambers, filed an application for discharge, arguing that there is insufficient evidence to proceed and that the State has failed to establish a prima facie case.
The defence submitted that under Section 198(3) of the Criminal Procedure and Evidence Act, no reasonable court could safely convict based on the evidence presented. They noted inconsistencies in the complainant's signature across various documents, including his UK driver's licence, passport, and Zimbabwean ID, suggesting the alleged forged signature could have been manipulated.
The case revolves around an acknowledgment of debt allegedly forged by Ncube on October 13, 2023, for US$16 000. The defence pointed out discrepancies in the document dates, as the expert examined a document dated September 2, 2024, and did not compare it with older signatures signed before the dispute.
Regarding the fraud charge, the State alleges that Ncube misrepresented facts to the civil court by claiming Moyo owed US$16 000 instead of US$6 000. The defence argued that Moyo's testimony is not credible and that if the forgery charge is dismissed, the related misrepresentation allegations cannot stand.
The defence is requesting that Ncube be acquitted of both counts.
The ruling on the discharge application was postponed to February 26, with the State opposing the move, maintaining that Ncube has a case to answer.
Source - Southern Eye
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