HARARE provincial magistrate Ethel Chichera has acquitted businessman Ronald Nyandoro on a charge of theft of trust property.
Nyandoro was being accused of stealing a motor vehicle entrusted to him by a client.
The magistrate said the State failed to prove a prima facie case against the businessman.
Chichera further ruled that the complainant, James Landon, misled the court by giving conflicting statements.
“The State failed to disprove the accused person’s defence. It is the court’s view that there is no theft of trust property,” she said.
The magistrate said the complainant agreed that he received consultancy services from Nyandoro and gave him a car, a Toyota Land Cruiser, as payment.
“This is a criminal court and should not be used by an aggrieved complainant to reverse confirmations that were done by agreements.”
Nyandoro, through his lawyer Admire Rubaya, had pleaded not guilty to the charge during trial saying he was given the vehicle by the complainant, James Landon, as payment for consultancy services.
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During trial, the State’s first witness Kirk West told the court that he feared that Landon was abusing the criminal justice system.
The second witness, Lance Malloch Brown, during cross-examination said he did not know any deals between Landon and Nyandoro.
Brown also said he did not know who had the original registration book of the vehicle. Nyandoro denied that he was entrusted with the motor vehicle, a Toyota Land Cruiser AET 3438, on the understanding that he would return the vehicle to the complainant after use.
Nyandoro told the court that there was no trust agreement, as alleged by Landon.
He said he was given the vehicle by Landon as payment for consultancy services in a dispute the complainant had with another businessman, Adam Woodington, which resulted in the complainant being arrested.
Nyandoro said he was given the vehicle by the complainant sometime in November 2022 as payment for his aircraft consultancy fees.
He said the complainant further gave him a duplicate registration book last year.
