Online Reporter
Zvikomborero Parafini
A CITY businessman has been jailed eight years after he was found guilty of fraud involving R440 000.
The magistrate called it a “a bad case of fraud.”
Calton Mudiwiwa, (39), was convicted after a full trial by regional magistrate Stanford Mambanje.
Of the eight years, one was suspended on condition that he doesn’t commit a similar offence in the next five years and another year was suspended on condition that he restitutes Davure Mining.
Magistrate Mambanje said this was a bad case of fraud and it was a proper case for a deterring sentence.
“He was not truthful throughout the trial as he changed his defence outline mid-trial, the variation made the court doubt his defence.
“Nothing was recovered and he was evasive for five years, it’s clear that the offence was committed in aggravating circumstances.
“Sentence must be in equal measure of the offence committed and this is a bad case of fraud.”
The complainant was Davure Mining, represented by its manager Masimba Mukarati.
Davure Mining has subsidiaries in South Africa and Zimbabwe and has interests in mining, cattle ranching and agriculture.
The court heard that on October 20, 2021, Mukarati wanted to acquire a Toyota Hilux Legend 50 double-cab from South Africa.
He shared the information with Mudiwiwa, who subsequently volunteered to assist him in importing the vehicle.
Davure Mining had free funds in its South Africa FNB Bank account and paid the money to Wish Worthy Investments for the vehicle, on the instruction of Mudiwiwa.
After the payment, Mukarati availed proof of payment to Mudiwiwa for ease of reference, but the latter failed to import the vehicle.
Mudiwiwa started giving false promises and later became evasive, it was proved.
Mukarati reported the matter to the police, leading to Mudiwiwa’s arrest.
Ngoni Kaseke appeared for the State.
