?THE High Court on Friday acquitted a Harare couple accused of defrauding a company owned by former Reserve Bank of Zimbabwe (RBZ) governor, Gideon Gono, ZWL137 million.
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Former Reserve Bank of Zimbabwe governor Gideon Gono has suffered a major legal setback after the High Court overturned the prosecution of a Harare couple he accused of defrauding him of ZW$137 million.
Justice Regis Dembure on Friday acquitted Clark Makoni and his wife, Beverly Aisha Ndonda, who had been accused of fraudulently altering company documents and siphoning funds by allegedly appointing themselves directors. The couple denied the allegations from the outset.Their bid for discharge at the close of the State’s case had initially been dismissed by regional magistrate Stanford Mambanje, who ruled that they had a case to answer and should be placed on their defence.
But Justice Dembure disagreed, finding that the charge sheet itself was “fatally defective” because it failed to outline the essential elements of the alleged fraud. He ruled that the couple could not be compelled to defend themselves against a charge lacking the core legal components required to constitute a valid offence.
Represented by lawyer Admire Rubaya, Makoni and Ndonda took the matter to the High Court, arguing that their prosecution amounted to a fishing expedition by the State.
“There is no way the accused persons can be placed on their defence when the essential elements of the offence of fraud have not been set out in the charge sheet,” Rubaya submitted. “As it stands, the charge is barren as it lacks the averments required to make it a valid fraud allegation.”
Justice Dembure sharply criticised the lower court, saying its failure to determine the validity of the charges during the discharge application amounted to a “gross irregularity and serious misdirection.”The couple had argued that the magistrate’s court could not “resuscitate a non-existent case” built on defective charges.
“This court cannot, by any stretch of its powers, seek to panel-beat the charge for purposes of placing the accused persons on their defence,” Rubaya added. “The State laid its bed — it must lie on it.”
With the High Court’s decision, the case collapses entirely, marking a significant loss for Gono in his attempt to have the couple prosecuted.
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