Daniel Nemukuyu Senior Court Reporter
Prosecutor-General Mr Johannes Tomanaâs bid to overturn the acquittal of MDC-T secretary-general Douglas Mwonzora on two counts of theft of trust funds has been unsuccessful.Mwonzora was cleared of any wrongdoing last year by Harare magistrate Mr Adonia Masawi, but the PG approached the High Court seeking leave to appeal against the acquittal.
Yesterday High Court judge Justice Garainesu Mawadze, dismissed an application by Mr Tomana for lack of merit, leaving the politician a free man.
âTo accede to the applicantâs (PG) request would simply amount to massaging the applicantâs ego. There is need for finality in litigation and I am unable to exercise my discretion in favour of the applicant by granting leave to appeal.
âIt is not reasonable and not in the interest of justice to do so. The application for leave to appeal lacks merit and should fail. Accordingly, it is ordered that the application for leave to appeal be and is hereby dismissed,â ruled Justice Mawadze.
Magistrate Mr Masawi last year discharged Mr Mwonzora at the close of the prosecutionâs case after finding no reasonable suspicion that the accused committed the offence.
The complainant in the case was Mr Everson Dandadzi employed by Nestle Zimbabwe. Mr Mwonzora was accused of failing to reimburse funds to Dandadzi, following an aborted sale of a house in Mabelreign, Harare.
The court heard that in May 2006 Dandadzi advertised in this newspaper that he was selling a residential stand in Mabelreign through CB Richard Ellis, a registered estate agent.
The court was told that Stephen Chitongo showed interest in buying the stand, which was valued at Z$4 billion.
During the same month, the two parties entered into an agreement for sale of the said property.
According to the two parties, an agreement of sale was to be signed upon payment of a deposit of Z$2 billion.
Matongo is said to have paid the money on the same day.
It is alleged in August of the same year, Matongo made two separate cheque payments through Dandadziâs bank account.
It had been alleged Dandadzi was not happy with the delay in payment of the last instalment. He claimed the money had been eroded by inflation.
The two had disagreements resulting in Dandadzi instructing Mwonzora to cancel the agreement of sale.
The State had alleged that after the cancellation of the agreement, Mwonzora did not remit the money, thereby prejudicing Dandadzi.