Zvikomborero Parafini, Court Court
A Chinese man was hauled to court yesterday charged with theft of trust property following a botched fuel deal involving US$19 000.
Ye Young ,47, was not asked to plead when he appeared before Harare provincial magistrate Learnmore Mapiye after being remanded in custody over the weekend.
Prosecuting, Francesca Mukumbiri alleged that on August 23, Young ordered 22 800 litres of fuel from the complainant and promised to pay the US$19 050 at a later date.
Young kept promising to pay the money telling the complainant that his money had been trapped in his Nostro account due to change of monetary authority’s policies.
Young’s lawyer contested placement on remand arguing that the State in its facts hadn’t covered the essential elements of the theft of property charge.
“We contest placement on remand because for an accused person to be brought to court, the charge must cover the essential elements of the offence preferred by the State, from the form of request for remand, the description is entirely devoid of the essential elements formulated by the State.
“Whats pertinent to note is that the accused ‘ordered’ the fuel from the complainant and promised to pay but failed, order is an authoritative word, use of which is in favour of the accused as it shows it is a debt, the two have a debtor-creditor relationship.
“Its alleged that he was supposed to pay for the fuel in US dollars meaning the complainant wanted to effect an illegal transaction and by placing the accused person on remand, the court will be condoning an illegality” he said.
Prosecutor Mukumbiri opposed the application, arguing that these were just allegations and they are to be disproved in trial.
Magistrate Mapiye deferred the matter to today for ruling.