10 October 2018
ONE of the complainants in the Genius Kadungure and Wicknell Chivayo’s fraud case has been put to task after he failed to substantively pin the two to the commission of the offence.
Kadungure and Chivayo’s trial kicked off yesterday with the State leading evidence from Evon Gatawa, Enock Gatawa, Dania Kabwebwe and Zodwa Mkandla.
The two have pleaded not guilty to the two counts of fraud before Harare magistrate Morgan Nemadire.
In his evidence to the court, Evon indicated he knew Kadungure after the two agreed on an out of court settlement to refund him US$100 000 in 2017 but did not know how Chivayo was linked to the case.
Evon told the court that sometime in 2012, he was contacted by one Enock Mukonori who misrepresented himself as Marange Diamonds’ chief buyer.
He was contracted to supply 10 flight pumps on behalf of the mining company to which specific mention was made that supply was to be made by South Africa’s Transco Company owned by Blessing Shaya.
Realising he would make a killing of more than R2 million, Evon got a quotation from Transco sales rep, Jacques Smith, who provided him an order for R1 048 900 for the 10 pipes.
He then got a US$120K loan from BancABC and Tetrad Bank before sending his brother Enock Gatawa to make the payments in South Africa.
His brother paid three varying amounts R446 000, R300 000 and R300 000 into Transco’s ABSA account and was ordered to return to Zimbabwe and wait for his airway bill that was also to be advised.
After a week, they received a consignment with four cellphone chargers and immediately discovered they had been duped.
The Gatawa brothers proceeded to South Africa where they made a police report and established that the money had already been disbursed from the Transco account.
With the help of the South African police, the complainant found out that R500 000 was transferred to Raitile Gas whose director is Kadungure and another R500 000 into Investek.
Evon approached Raitile Gas and notified them that the payment done to them was a result of a fraud but was told the same payment was made by Zimbabwe’s Pioneer Gas for their services.
The complainant alleges he pursued the money which went to Investek owned by Edward Tecar and only got US$38 000 which he says went towards his air fares and logistics.
It is also his evidence that he followed up his money with Kadungure’s Raitile Gas but failed to recover it and only resorted to an out of court settlement in August 2017.
Evon alleges he was made to withdraw his charges in an affidavit with Kadungure committing to pay US$100K.
However, through his defence counsel, Kadungure disputed the agreement saying he only consented to resolving the matter because he was also a victim of the fraud.
Kadungure said he paid back the US$50K in a space of five months only because he didn’t want to be dragged in the mud as a peaceful businessman.
Through his counsel, Kadungure said he only gave the complainant US$50 000 because he understood his plight and as a truthful businessman did his best to refund him.
In his submissions, Evon also admitted that he only mentioned three accused persons Mukonori, Jacques Smith and Kadungure and left out Chivayo in his police statement.
He said he only came to know Chivayo was jointly accused when he was summoned to court on September 17.
He told the court that he neither received any refund from Chivayo nor did he meet him during the fictitious business deal.
Jonathan Samkange and Lewis Uriri acted on behalf of Kadungure and Chivayo respectively.
Magistrate Morgan Nemadire deferred the matter to October 19 for trial continuation.
The State is yet to call Chegutu West legislator Dexter Nduna to give his evidence on the second count.