News / National
Rushwaya acquitted
13 Sep 2013 at 07:37hrs | Views
FORMER Zifa chief executive Ms Henrietta Rushwaya, who was facing nine counts of concealing transactions from a principal, was yesterday acquitted of all counts at the close of the State case.Chitungwiza regional magistrate Ms Estere Chivasa cleared Ms Rushwaya of any wrong doing.
The magistrate ruled that the prosecution had failed to establish a proper case against Ms Rushwaya and that there was no basis to put her to her defence.
"Now if no evidence was ever led by the State from the said criminals, how then can she be convicted of any crime in any case no one testified that she saw accused receiving money so clearly the State has failed to prove a prima face case against the accused," said Ms Chivasa.
"In my view, it would be wrong to simply put the accused to her defence in the face of the evidence led by the State. Accordingly, I will grant the application as ordered and find the accused not guilty and acquitted in respect of all counts."
Harare lawyer Mr Charles Chinyama of Chinyama and Partners represented Ms Rushwaya. Ms Chivasa said in her analysis of the evidence led in court, the State failed to prove that there was no disclosure of the full nature of a transaction to the principal by an agent.
"In this case from the evidence led there can be no doubt accused was an agent to Zifa of course the two main issues to decide is whether or not there was full disclosure to the principal," said Ms Chivasa.
Ms Chivasa further said in Ms Rushwaya application for discharge, it was stated that Wellington Nyatanga is the principal.
On the other hand, State counsel stated it as a fact that Ms Rushwaya reported to the Zifa board through the emergence committee and matters relating to assignments of all national soccer team.
"So much as Madzore was the link person; clearly Wellington Nyatanga was the man in charge. This is why all the witnesses agreed that indeed he was the man in charge of the accused person," said Ms Chivasa.
The charges against Rushwaya emanated from soccer matches that the senior national soccer team played in different countries in Asia between 2007 and 2010.
The State was represented by Mr Sidom Chinzete.
The magistrate ruled that the prosecution had failed to establish a proper case against Ms Rushwaya and that there was no basis to put her to her defence.
"Now if no evidence was ever led by the State from the said criminals, how then can she be convicted of any crime in any case no one testified that she saw accused receiving money so clearly the State has failed to prove a prima face case against the accused," said Ms Chivasa.
"In my view, it would be wrong to simply put the accused to her defence in the face of the evidence led by the State. Accordingly, I will grant the application as ordered and find the accused not guilty and acquitted in respect of all counts."
Harare lawyer Mr Charles Chinyama of Chinyama and Partners represented Ms Rushwaya. Ms Chivasa said in her analysis of the evidence led in court, the State failed to prove that there was no disclosure of the full nature of a transaction to the principal by an agent.
"In this case from the evidence led there can be no doubt accused was an agent to Zifa of course the two main issues to decide is whether or not there was full disclosure to the principal," said Ms Chivasa.
Ms Chivasa further said in Ms Rushwaya application for discharge, it was stated that Wellington Nyatanga is the principal.
On the other hand, State counsel stated it as a fact that Ms Rushwaya reported to the Zifa board through the emergence committee and matters relating to assignments of all national soccer team.
"So much as Madzore was the link person; clearly Wellington Nyatanga was the man in charge. This is why all the witnesses agreed that indeed he was the man in charge of the accused person," said Ms Chivasa.
The charges against Rushwaya emanated from soccer matches that the senior national soccer team played in different countries in Asia between 2007 and 2010.
The State was represented by Mr Sidom Chinzete.
Source - Herald
