HARARE, Jul. 31 (NewsDay Live) — A Harare magistrate has acquitted a 61-year-old Borrowdale woman and her former business manager of theft of trust property charges after ruling that the State had failed to disclose an offence.
Robyn Mary Hutchings (61) and Munyaradzi Taruvinga (30), who were represented by lawyer Malvern Mapako, successfully applied for an exception to the charges before Harare magistrate Tapiwa Kuhudzai.
The pair had been accused of unlawfully disposing of cinema equipment and other assets valued at US$34,980 that allegedly belonged to Hutchings’ former business partner, Chipo Joginah Ndudzo.
In his ruling, Kuhudzai found that the facts outlined in the charge sheet did not establish the offence of theft of trust property and upheld the defence application.
The court heard that Hutchings and Ndudzo were business partners operating Road House Cinema at Sam Levy’s Village in Borrowdale.
On April 23, 2026, the two entered into a separation and settlement agreement under which Ndudzo agreed to buy Hutchings’ entire shareholding and interest in the business for US$270,000.
The agreement required Hutchings to surrender all rights in the business and vacate the premises after receiving full payment. However, she was granted permission to remain until May 31 to fulfil commitments relating to pre-booked events, with both parties agreeing that the formal handover would take place on that date.
Ahead of the transfer, Ndudzo commissioned Golden Gate Valuers and Risk Assessors (Private) Limited to conduct an audit and valuation of the cinema’s assets on April 29.
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The State alleged that on May 29, Taruvinga, who managed the cinema and was aware of the buyout agreement, removed some of the listed assets without Ndudzo’s knowledge or consent.
Hutchings maintained that she had instructed Taruvinga only to remove items she regarded as her personal property while she was outside the country.
Taruvinga was subsequently arrested, but the court ruled that the prosecution’s allegations, as framed, did not disclose a criminal offence, resulting in the acquittal of both accused.
