The fight for the control of Waverly Blankets has intensified with children of its late owner Victor Cohen launching a private prosecution against their cousin for alleged fraud after he seized control of their father’s empire.
Aron Vico’s private prosecution was meant to start on January 31, but was moved to February 7 after he was ordered to submit his defence papers.
Vico’s trial becomes the second case in Zimbabwe’s history to go under private prosecution following the conviction of former Bikita legislator Munyaradzi Kereke for raping a minor.
Cohen’s daughters Amanda Berkowitz and Belynda Halfon sought private prosecution after accusing their cousin of using his alleged influence in the courts and other law enforcement organs to sway the case in his favour.
They are represented by Charles Warara and Harare magistrate Taurai Manuwere is handling the trial.
A certificate for private prosecution was first issued in November 2020 to Berkowitz and Halfon.
A private prosecution is a criminal proceeding initiated by an individual citizen or private organisation instead of a public prosecutor.
In Zimbabwe, almost all criminal prosecutions are undertaken by the state, but there is a provision for the prosecutor general to allow for private prosecution.
- Fight over tycoon’s empire intensifies
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In 2019, High Court judge Justice Maria Zumba-Dube reserved judgment in the ownership dispute over the late businessman’s Waverly Plastics.
Cohen died in South Africa in 2017 while receiving treatment and left a vast business empire that includes Waverly Plastics, which is at the centre of the dispute.
His daughters are accusing Vico of fraudulently assuming ownership of their father’s empire after manufacturing fake documents which he presented to the registrar of companies to change ownership of the company.
The sisters approached the court seeking to set aside the irregular allotment of 400 shares that gave Vico power to take over Waverly Plastics.
In their submission to the court, they said Vico, with the help of accounting firm AA Omar and one Maxwell Maheya, connived and manufactured documents which he used in the allotment of 400 shares in Waverley Plastics without a company resolution or knowledge of shareholders.
Cohen’s daughters instituted a private prosecution on fraud charges against Vico after the state declined to prosecute citing lack of evidence.
The family wrote to Prosecutor-General Kumbirai Hodzi requesting a certificate to prosecute Vico on allegations of fraudulently divesting the founder's children of the bulk of their ownership of the company and taking over 80% of the shareholding.
Cohen was also the founder of Con Textiles, which was liquidated.
His daughters say say a search at the Registrar of Companies revealed that 12 other companies namely Blankets for Africa, Waverley Plastics, Colourfast Textiles and Printers, SpunBond, Gallimard Fashions, Tatendarana, Centracom, Ram Inv, Ordin Trading, Saelate, Inverneil and Keepline Trading had changed ownership without their knowledge.
