THE trial of a Harare businessman who is facing charges of fraud involving US$50 000 commenced on Wednesday with the first witness testifying against him.
Shingai Muringi (32), who was being represented by Claud Bare, appeared before Harare magistrate Lisa Mutendereki.
The complainant is Patrick Mutenha, the manager of Kensington Motors.
First witness Evans Cornelius Dangar testified that on August 4 last year, Detective Sergeant Gwesu arrested Muringi and managed to recover a Toyota Hilux which was allegedly purchased using stolen funds.
He said on December 18 last year, the motor vehicle was released into Muringi’s custody under a court order in which he was obliged not to dispose of it.
Dangare further testified that he received information from reliable sources that Muringi had sold the motor vehicle to Patrick Mutenha, which was against the court order.
"To cover up, Muringi reported a criminal case against the purchaser Mutenha under CID VTS DR31/05/24 and Southerton CR272/04/24 leading to the Mutenha's arrest," Dangare testified.
Dangare further said Muringi unlawfully disposed of the motor vehicle yet it was an exhibit in a case of fraud and money laundering.
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Prosecutor Takudzwa Jambawu said on August 4 last year, Muringi was arrested for fraud and money laundering, resulting in his white Toyota Hilux double cab being impounded and held by police as an exhibit.
The matter was referred to Harare Magistrates’ Court for prosecution where Muringi applied for the release of the vehicle.
On December 18, a provincial magistrate granted a court order for the release of the car from police custody, but on condition that Muringi would produce the vehicle whenever the police or State wanted to see it.
He was also ordered not to dispose of the vehicle in any way pending the finalisation of the matter. On the same date, the police released the car to Muringi .
However, on December 20 last year Muringi allegedly sold the same car to Mutenha for US$50 000 without telling him about the conditions of the court order.
Muringi allegedly tried to repurchase the vehicle from Mutenha, but was turned down. He then filed a police report against Mutenha accusing him of theft of a motor vehicle.
The court further heard that on April 3, this year Mutenha was arrested for car theft.
It is during the course of investigations that it was discovered that Muringi had no mandate to dispose of the car as directed by the court order. The car was impounded and kept as an exhibit.
Due to Muringi’s actions, Mutenha suffered a prejudice of US$50 000 and nothing was recovered.
The matter was deferred to today for continuation of trial.
