Harare regional magistrate Dennis Mangosi has acquitted businessman Michael Ndoro’s partner Tunika Mkahanana on fraud charges.
The magistrate however went on to place Ndoro to his defence.
Ndoro is accused of removing his former wife, Precious Ndoro from Zororo Energy Limited directorship and replacing her with Mkahanana.
The magistrate said prejudice in this case is potential not actual since Zera did not act upon the alleged forged documents.
ZERA refused to be a complaint and testified no prejudice or damage was suffered by it.
In his ruling the magistrate said the State failed to prove a prima facie case linking Mkahanana and the alleged offence.
Ndoro was asked to answer why he had two sets of documents submitted to ZERA. One submitted in September 2018 and another in November 2021 three years later.
According to the court, Ndoro and Precious formed a firm named Zororo Energy in 2018 in which each of them held 50% shareholding.
In denying the charge, Ndoro told the court that he was the one who superintended over the registration of Zororo Energy as the company was his brain child.
He claimed that the company was registered at his instruction with the two directors and shareholders being himself and Mkahanana.
Ndoro challenged the State to avail any evidence to the contrary proving that he registered the company with Precious as a director and shareholder.
In her defence, Mkahanana told the court that she was appointed as a director of Zororo Energy company by Ndoro. Mkahanana denied any knowledge of the alleged previous registration of Zororo Energy company.
Ndoro and Mkahanana had applied for discharge.
In their application for discharge, filed by Everson Chatambudza of Rubaya and Chatambudza Lawyers, Ndoro and Mkahanana assert that there is no valid reason for them to be placed on remand.
“The two accused individuals deny the allegations completely and refute ever making any misrepresentation to ZERA. Their defense outlines have been submitted as evidence. To establish a prima facie case against them, the court called five witnesses: Precious Ndoro, Barbra Majanyama, Ashell Mundozi, Ms. Chizengeya, and Gwineth Ngoma,” stated Ndoro and Mkahanana.
According to Ndoro and Mkahanana, these two witnesses failed to prove a prima facie case against them, thus providing no grounds for the accused to present their defense.
The defense further contends that the testimonies of the five witnesses deviated from the state’s outline, which they believe can be used to draw unfavorable inferences.
They also dismissed the submissions made by Precious Ndoro, suggesting that she was a disgruntled ex-lover seeking revenge.
“During cross-examination, she never denied the existence of animosity between herself and the second accused. She even admitted to joining the second accused in divorce proceedings. It is common knowledge that she drove the police to the second accused’s residence in her car. Furthermore, it is evident that she and the first accused are involved in a messy divorce. From this context, it is alleged that she fabricated these allegations,” stated the application.
Ndoro and Mkahanana argued that the evidence presented by the state to revive the case, which they claim was already deteriorating, lacked both quality and quantity.
“The evidence provided lacks the necessary quality and quantity to warrant the accused individuals to present their defense. The state had the opportunity to present its case but instead chose to close it. It should accept the consequences of its decision and not expect the court to assist in reviving its deteriorating case,” added Ndoro and Mkahanana.
