THE High Court has dismissed an application for appeal against conviction and sentence filed by two former employees of Delatfin who defrauded their employer of stands valued at US$3 million.
Justices Happius Zhou and Neville Wamambo dismissed Jacob Muyambo and Saymore Mutakura's appeal against a 20-year-sentence imposed on each of them by Harare regional magistrate Stanford Mambanje.
The duo,convicted together with Amos Kagona before he fatally shot himself on the sentencing day, had their sentences reduced to 18 years after magistrate Mambanje suspended two years on condition of good behaviour.
The two , however, went on to appeal the verdict saying it was too harsh.
However, the judges yesterday dismissed their appeal saying the magistrate was within the confines of the law when he convicted and sentenced them to 20 years each. The judges also ruled that the imprisonment was a sad necessity in the US$3 million fraud case. They also upheld Mambanje's order that the stands at the centre of the dispute should be returned to the registry of Delatfin which shall assume ownership of the land worth US$3 million.
The judges ordered that Muyambo, who was on US$3000 bail pending appeal, should immediately report to prison to serve his 18-year sentence. Mutakura was already in prison after failing to raise the bail amount.
Part of Mambanje’s ruling read: “The evidence led by the State was credible and reliable, the amount involved totalled to above US$3 million, a figure that was obtained by an auditor who testified in this court.
“The second accused person, Kagona, passed away on judgment day and may his soul rest in peace.
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“They are first offenders who must be treated with leniency and be given a chance to reform
“But, that’s not the ultimate solution, the State made emphasis on the value of the stolen property, this is a very serious case of fraud it was premeditated and they came up with an intricate plan to defraud Felix Munyaradzi (the owner of the stands).
“Muyambo abused his office and the trio was persistent in their enterprise and bit the hand that fed them.
“Their moral blameworthiness is high hence the sentence must fit the crime and be blended with mercy. A sentence that’s too light is the same as the sentence that’s too heavy and both may bring the judicial system into disrepute.”
“The offence was committed in aggravating circumstances, they took advantage of their links with the company hence imprisonment is a sad necessity to the duo, it’s a bad case of fraud with a sky high value.
“The available mitigating factors are outweighed by the aggravating factors and they can only get them a slight reduction.
“The property stolen shouldn’t have been sold because these are commonage stands that should be reverted to the registry of Delatfin which shall assume the ownership of the stands,” Mambanje ruled.
Prosecutor Tafara Chirambira told the court that from August 2015 to March 2018 Muyambo, Kagona and Mutakura teamed up and defrauded Delatfin Civil Engineering of stands valued at US$3 million.
