Harare – Flamboyant businessman Genius Kadungure who is popularly known as Ginimbi is now a free man.
Kadungure was found not guilty in a matter in which he was accused of having duped ZANU PF legislator, Dexter Nduna and Kadoma businessmen Enock and Avon Gatatwa of more than $1 million in a botched mining equipment supply deal.
Harare magistrate Morgan Nemadire ruled that there is nothing linking the flamboyant socialite to the alleged offence and the State failed to prove the case beyond reasonable doubt.
“At law essential elements of fraud is that misrepresentation is made in order to deceive and deprive resulting in prejudice or loss of money to the victim but in this case no deceiving and no prejudice was suffered by the victims pointing to the accused person.
“In fact the prosecution appears to be a failed fish which the state undertook some fishing expeditions when they hauled the accused person and his former co-accused person to court thinking that they will convict themselves in the way,” said the magistrate.
“In this case the person who did the transactions and misrepresented the victims is invisible with the name of one Mukonori and the money just vanished from the complainant’s bank account.
“Evidence presented before this case established the following facts, that the accused never talked to the complainant prior to the commission of the offence, he never made any misrepresentation,” said Nemadire.
“The accused was not involved in any of the rings in the cyber crime and there is no rational connection between him and the complainants and state’s case is like a fishing expedition,” ruled the magistrate before he acquitted Kadungure.
Kadungure landed in the dock after he allegedly influenced two Kadoma siblings Ivon and Enock Gatawa to enter into a mining equipment deal, pretending to be an official from Marange diamonds.
The Gatawa’s fell prey and deposited money into their South African bank account to purchase the required goods through a company allegedly owned by Kadungure.
The company did not buy any equipment but instead delivered four cellphone chargers.
It was alleged that the stolen money was traced back to Kadungure who had used the money to purchase gas.
Kadungure then engaged the Gatawas and paid back some of the money.
The businessman proved that he acted in such a way to avoid bad publicity.
“Haste actions by the accused does not conclude that he committed the offence.
“It is possible that the accused felt bad about unknowingly purchasing gas using stolen money. That sounds possible,” the court ruled.
The magistrate also said it was possible that fraudsters could have manipulated an opportunity that Kadungure was a frequent buyer in South Africa since it was not his email address which was used to mislead the complainants.
Kadungure was acquitted after a full trial.
His accomplice Wicknell Chivayo also walked out of court a free man at the close of the State case.
Court ruled that nothing linked him to the offence and there was no mention of his involvement by the complainants.
Ephraim Zinyandu appeared for the state.