Maravi

(HERALD) Temba Mliswa acquitted

Temba Mliswa acquitted
Mr Temba Mliswa

BUSINESSMAN Temba Mliswa, who was being accused of swindling a white commercial farmer of property worth over US$3 million, was on Tuesday acquitted at the close of the State case. Regional magistrate Mr William Bhila allowed Mliswa’s application for discharge on the basis that the prosecution had failed to prove a prima-facie case against him.

In granting the application, Mr Bhila said the prosecution also failed to prove the essential elements of fraud and clearly there was no misrepresentation on the part of Mliswa as alleged in the indictment.

"The evidence before the court is that there is a contract between the accused and the complai-nant. Accused was tasked to sell the agri-equipment by the complainant on his behalf at 10 percent commission hence there cannot be any fraud since the contract is still running up to date.

"The complainant clearly stated that there was no fraud or misrepresentation, this is interesting," said Mr Bhila.

The complainant, said the magistrate, did not report a fraud case but was instead invited by police officers at Holiday Inn Hotel to record statements in the lap of luxury.

Mr Bhila said the complainant conceded that there was no misrepresentation and that issues of non-payment on the part of Mliswa dominated his whole evidence.

He said the investigating officer admitted that he would not have brought the matter to the criminal court if he was furnished with all documents pertaining to the deal between the two parties.

The magistrate also noted in his ruling that the investigating officer conceded in cross-examination that the matter was purely civil.

"Both the complainant and his wife conceded that some of the equipment was still at the accused person’s farm.

"This is malicious prosecution, this matter should have not been brought to the criminal court as we have more serious cases to deal with," said Mr Bhila.

Charges against Mliswa were that he allegedly misrepresented to Petros Jacobus van de Merwe, formerly of Orlib Park Lot 1 in Karoi, that he could help him sell his farm equipment without State interference for a 10 percent commission.

It was alleged Mliswa sold the property, but did not surrender any money to Van de Merwe.

The prosecution also charged that Mliswa took 108 cattle, three heavy vehicles, a cold room, three tractors, a drosky hammermill, irrigation equipment, generators and other items all valued at US$3 644 058.

In October, Mliswa was convicted of seven counts of assaulting his employees and fined

US$50 for each by a Karoi magistrate.

Recently, the businessman successfully applied at the Harare magistrates’ courts to have his bail conditions on other charges he is facing relaxed and he got back his passport.

He is still facing trial at the regional court on charges he is jointly facing with George Marere for allegedly trying to grab Nashio Investments Limited owned by businessman Mr Paul Westwood.

Mliswa is denying the charges claiming he owned shares in the vehicle accessory company and accused Mr Westwood of trying to dispossess him of his shares in the business.

He is also facing another charge of allegedly stealing six 60 KVA generators from farms around Karoi, allegations he has since denied.

Another case in which Mliswa is accused of defrauding the Reserve Bank of Zimbabwe of $3,5 million is still pending at Harare magistrates’ courts.

He is denying the charge arguing it is purely civil.

At the time of his arrest sometime in July this year, about 70 charges ranging from fraud and extortion to assault were laid against him.

Labels: CORRUPTION, TEMBA MLISWA, WHITE FARMERS

posted by MrK @ 2:29 AM