THE High Court judges of appeal have dismissed an application against conviction and sentence by two former employees of Delatfin, who allegedly defrauded their employer stands valued at US$3 million.
High Court judge Justices Happius Zhou and Neville Wamambo dismissed Jacob Muyambo and Saymore Mutakura’s appeal against a 20-year sentence each by Harare regional magistrate Stanford Mambanje.
The two were convicted together with Amos Kagona before he tragically shot himself on the day he was supposed to be sentenced.
The magistrate removed two years of their sentence.
However, the judges yesterday dismissed the two’s appeal saying the magistrate was within the confines of the law when he convicted and sentenced them to 20 years in jail.
They also upheld Mambanje’s order that the stands at the centre of the dispute be returned to the registry of Delatfin, which shall assume ownership of the land worth US$3 million.
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“The evidence led by the State was credible and reliable. The amount involved totalled to above US$3 million, a figure that was obtained by an auditor who testified in this court,” the judges ruled.
The judges said while the convicts were first offenders, a lenient sentence would send a wrong message.
“But, that’s not the ultimate solution. The State made emphasis on the value of the stolen property. This is a very serious case of fraud. It was premeditated,” the judges said.
“Muyambo abused his office and the trio was persistent in their enterprise and bit the hand that fed them.
“Their moral blameworthiness is high, hence the sentence must fit the crime and be blended with mercy.”
The judges said the offence was committed in aggravating circumstances.
“The available mitigating factors are outweighed by the aggravating factors and they can only get them a slight reduction.
“The property stolen shouldn’t have been sold because these are commonage stands that should be reverted to the registry of Delatfin, which shall assume the ownership of the stands.”
The case was prosecuted by district public prosecutor Tafara Chirambira, who proved that from August 2015 to March 2018, Muyambo, Kagona and Mutakura defrauded Delatfin Civil Engineering of stands valued US$3 million.
As the High Court appeal was heard, only Muyambo managed to pay the required bail of US$3 000 pending appeal while Mutakura failed and was in custody
The judges ordered that Muyambo must report to prison forthwith to serve his 18-year sentence.