Prosecutor-General Ray Goba’s name has been sucked into the fraud case involving a Harare couple which allegedly sold its house to a home-seeker for $380 000, but was now refusing to vacate the property.
BY DESMOND CHINGARANDE
Godfrey Munyamana (45) and his wife Fadzai (39), who are denying the charge of defrauding Frank Humbe had preferred an out-of-court-settlement through their lawyer Rungano Mahuni, but the State is insisting on going for full trial to settle the matter.
Mahuni claimed he once wrote to Goba requesting that he be allowed to withdraw the matter or the case be heard by a new magistrate and prosecutor.
While addressing the court, Mahuni added that he had a meeting with Goba who consented to have the matter retried under a new magistrate and prosecutor.
Mahuni further told the court that Goba said Fadzai was not supposed to be included as the co-accused since the transaction was between Godfrey and Humbe.
The lawyer also challenged the prosecution’s decision to proceed with the matter after his clients had reached an out of court settlement with Humbe.
Prosecutor Michael Reza insisted on proceeding with the trial before Goba ordered that the matter be heard by another magistrate.
Reza argued that Fadzai was charged alongside her husband after the State found out that she had signed an agreement of sale and received the money paid by Humbe, before she turned around and allegedly conspired to terminate the agreement.
The prosecutor also dismissed the duo’s submissions arguing the court should listen to Humbe’s matter.
Magistrate Tilda Mazhande postponed the matter to May 9 for deliberation.
Allegations are that the couple in 2013 advertised their house and the complainant expressed interest in buying it. Humbe allegedly paid $380 000 to the couple who later failed to vacate the premises, prejudicing the complainant of his money.