A HARARE magistrate yesterday acquitted businessman Michael Ndoro of fraud charges.
Magistrate Clever Tsikwa ruled that the State's evidence was insufficient to establish essential elements to prove the accused's guilt.
Ndoro was being accused of orchestrating the removal of his former wife, Precious Ndoro nee Jenami, from a director's position for Zororo Energy Limited.
In his ruling, Tsikwa criticised the State's handling of the case, stating that the presented issues lacked relevance to the core matter at hand.
“During cross-examination of the accused person, the State failed to canvass the essential elements to the extent of proving that the accused person committed the offence in question,” Tsikwa said.
“The State tried to bring issues which had no material bearing to the case in a bid to close the stables when the horse had already bolted.
“The honourable court is implored to consider that the State failed to prove its case beyond reasonable doubt and what it failed to establish in the State case was failed equally in the defence case and it is now hallowed in repetition and now a well beaten path that an accused cannot be used to establish a case for the State and there is no law of reverse onus cast upon the accused person to establish evidence in terms of the constitutional mandate.”
The magistrate said the State took risk by using the Zimbabwe Energy Regulatory Authority as a complainant when it completely denied ever complaining or being prejudiced.
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“The State completely failed to demonstrate Precious's involvement in the formation of Zororo and instead exposed a plethora of company registrar internal discrepancies and loopholes that the company registrar admitted to in court,” said Tsikwa.
During trial, the defence led by Everson Chatambudza and Admire Rubaya of Rubaya and Chatambudza Legal Practitioners also revealed that there was a court order in place forbidding Precious from litigating against the accused person.
In July, Magistrate Mangosi acquitted Ndoro's business partner, Tunika Mkahanana on the ground that the State had failed to establish a prima facie case linking her to the alleged offence.
In an interview with NewsDay, Ndoro said: “It was malicious prosecution designed to obstruct business by deterring potential funders from investing as Zororo Energy was concluding financial closure.”
