Benjani Mwaruwari testifies against his 'property manager'

Leeroy Waguta, the man accused of swindling Benjani Mwaruwari of R100 000 and US$5 000, had his bail forfeited to the State.

Leeroy will wait for his trial, which commences on Thursday while in remand prison.

Harare magistrate Mr Shane Kubonera confirmed the revocation of Waguta's bail after Mwaruwari convinced the court that he was surely threatened.

Part of the bail conditions barred Waguta from interfering with State witnesses and he was locked up last week after Mwaruwari had reported the condition breach.

Mr Kubonera made the ruling after Mwaruwari testified on how he was interfered with.

"After inquiries from both the defence and State counsel, the issue of interference when bail conditions were imposed is that when one is granted bail, he is supposed to follow the court order.

"The accused was not supposed to interfere and threaten the complainant, however, the application is dismissed," Mr Kubonera.

Waguta's lawyer Mr Andrew Muderede had challenged the nullification of bail arguing that the interference report was made to counter a civil claim of US$28 000 salary arrears by Waguta.

Waguta claimed Mwaruwari employed him as a property manager, but the footballer dismissed the claim adding that he only offered him accommodation at his South Africa property.

"I first met this young man when I was playing for the Warriors at the National Sports Stadium.

"Harlington Shereni introduced him to me as his young brother more than 11 years ago.

"Our relationship grew stronger before he fled to South Africa because he owed my friend. Between the two, I then acted as an intermediary.

"At that time he was staying with my young brother at my house where he then called one of my friends and stole money that was supposed to be paid to caretakers.

"I made a report for theft which prompted his arrest and Waguta called me with a private number while I was in Nigeria threatening to go to the Press to divulge information about my private life. I later read in the papers that he was claiming I owed him US$500 000 of which he had threatened to tarnish me that way. I am a respected person and exaggerated bad publicity would damage my image," said Mwaruwari.

Mr Muderede had earlier on submitted in court that Waguta was the first to lodge a civil case against Mwaruwari claiming salary arrears amounting to US$28 000 and Benjani threatened him with unspecified action thereby prompting criminal charges. He also said allegations levelled against his client were based on hearsay evidence and were irrelevant in court. Waguta argued that he had not interfered with Mwaruwari and instead he was the one who phoned him a few moments before he filed a fraud case.

Prosecutor Mr Tapiwa Kasema alleges that sometime in November last year, Waguta approached Mwaruwari's friend, Patrick Muteswa and misrepresented that he was supposed to be given money.
It is the State's case that Waguta knew Muteswa owed Mwaruwari some money.

In the process, he allegedly lied to Muteswa that he had been sent by Mwaruwari to collect US$5 000 from him.

Through the misrepresentation, it is alleged, the unsuspecting Muteswa gave Waguta the money, which he converted to his personal use.

During the same month, it is alleged Waguta who was in Harare sent an e-mail to Mwaruwari's lawyer in South Africa pretending to be the football star and instructed the lawyer to transfer R100 000 from his account into Waguta's account.

It is further alleged that the lawyer transferred the money into Waguta's account without any suspicion.

The matter came to light when the legal representative was auditing the funds and verified with Mwaruwari about the transfer. Mwaruwari filed a police report that prompted Waguta's arrest.