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Fraud case against two Harare businessmen crumbles
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Two Harare businessmen, Brian Murphy and Adam Wood, have been acquitted of fraud and providing false information to a public official after a Harare magistrate ruled that the State failed to prove its case.
The allegations, brought by Elizabeth Parirenyatwa - who claims to be the executor of the estate of the late Brian James Rhodes - centered on accusations that the pair falsified a CR14 company form to misrepresent the ownership and directorship of Karoi Properties (Pvt) Ltd.
Wood was discharged at the close of the State's case after Magistrate Mrs Lisa Mutendereki found no evidence linking him to the alleged crimes. Murphy was placed on his defence but was also acquitted following a six-week trial that involved five witnesses.
"There was no evidence that Murphy was responsible for the filing of the CR14. The State failed to prove the essential elements of fraud," ruled Magistrate Mutendereki, adding that the State's investigation had been "rushed" and failed to link either man to the alleged misrepresentation.
Parirenyatwa had claimed that the pair altered the date of death of Brian Rhodes from 2006 to 2012 on company records in order to mislead the Companies Registry. However, the court found no proof that either accused had filed the document in question or committed any form of deception.
The trial also exposed serious questions surrounding Parirenyatwa's role as executor. Lawyers for the accused - Mr Kudzayi Kadzere of Kadzere, Hungwe & Mandevere and Marlvin Mapako of Rubaya & Chatambudza - accused her of fraud and questioned her mental fitness.
Mr Kadzere argued that Parirenyatwa had forged a Power of Attorney, failed to present key documents, and had appointed herself executor at an edict meeting that was not attended by any of the Rhodes family heirs.
"You imposed yourself on the Rhodes family. That's why his children want you removed from anything to do with their father's estate," Kadzere told Parirenyatwa during cross-examination.
He further presented evidence that the late Rhodes' wife, Elizabeth Rhodes, did not include any shares in Karoi Properties in the estate inventory, contradicting Parirenyatwa's claims.
It also emerged that all beneficiaries of the estate had already been paid, and previous High Court rulings had confirmed the Phoenix Trust as the rightful owner of Karoi Properties' shares - not the estate.
Ms Parirenyatwa conceded during the trial that she was not in Harare when the controversial CR14 form was filed and was unable to present any evidence directly tying Murphy or Wood to the alleged misrepresentation.
The acquittal brings to a close one of Zimbabwe's most closely-watched criminal cases this year, with the court ruling that the accusations lacked legal foundation and evidentiary support.
This outcome could have broader implications on the administration of deceased estates in Zimbabwe, especially those with complex property and corporate ownership disputes.
The allegations, brought by Elizabeth Parirenyatwa - who claims to be the executor of the estate of the late Brian James Rhodes - centered on accusations that the pair falsified a CR14 company form to misrepresent the ownership and directorship of Karoi Properties (Pvt) Ltd.
Wood was discharged at the close of the State's case after Magistrate Mrs Lisa Mutendereki found no evidence linking him to the alleged crimes. Murphy was placed on his defence but was also acquitted following a six-week trial that involved five witnesses.
"There was no evidence that Murphy was responsible for the filing of the CR14. The State failed to prove the essential elements of fraud," ruled Magistrate Mutendereki, adding that the State's investigation had been "rushed" and failed to link either man to the alleged misrepresentation.
Parirenyatwa had claimed that the pair altered the date of death of Brian Rhodes from 2006 to 2012 on company records in order to mislead the Companies Registry. However, the court found no proof that either accused had filed the document in question or committed any form of deception.
The trial also exposed serious questions surrounding Parirenyatwa's role as executor. Lawyers for the accused - Mr Kudzayi Kadzere of Kadzere, Hungwe & Mandevere and Marlvin Mapako of Rubaya & Chatambudza - accused her of fraud and questioned her mental fitness.
Mr Kadzere argued that Parirenyatwa had forged a Power of Attorney, failed to present key documents, and had appointed herself executor at an edict meeting that was not attended by any of the Rhodes family heirs.
"You imposed yourself on the Rhodes family. That's why his children want you removed from anything to do with their father's estate," Kadzere told Parirenyatwa during cross-examination.
He further presented evidence that the late Rhodes' wife, Elizabeth Rhodes, did not include any shares in Karoi Properties in the estate inventory, contradicting Parirenyatwa's claims.
It also emerged that all beneficiaries of the estate had already been paid, and previous High Court rulings had confirmed the Phoenix Trust as the rightful owner of Karoi Properties' shares - not the estate.
Ms Parirenyatwa conceded during the trial that she was not in Harare when the controversial CR14 form was filed and was unable to present any evidence directly tying Murphy or Wood to the alleged misrepresentation.
The acquittal brings to a close one of Zimbabwe's most closely-watched criminal cases this year, with the court ruling that the accusations lacked legal foundation and evidentiary support.
This outcome could have broader implications on the administration of deceased estates in Zimbabwe, especially those with complex property and corporate ownership disputes.
Source - The Herald
