THE High Court on Friday acquitted a Harare couple accused of defrauding a company owned by former Reserve Bank of Zimbabwe (RBZ) governor, Gideon Gono, ZWL137 million.
The couple Aisha Ndoda Makoni and Clark Clever Makoni were denying the charges.
In a judgment delivered by Justice Regis Dembure, the court found the charges, centred on an alleged ZWL137 million takeover of Valley Lodge (Pvt) Ltd, to be “fatally defective,” and lacking the essential elements required to prosecute a fraud case.
The state’s case relied heavily on Gono’s claim that the Makonis fraudulently altered a CR14 form to position themselves as directors of his company and attempted to change signatories at ZB Bank.
However, Dembure ruled that the charge sheet failed to outline the specific misrepresentation alleged by the complainant.
He also noted that the lower court had relied on assertions never included by the prosecution.
The judge criticised the magistrate for “creating new particulars” not supplied by the state, a serious procedural irregularity that ultimately rendered the case
The High Court’s findings highlighted critical weaknesses in the complaint, including lack of proven link between the accused and the alleged forged CR14, banking evidence showing attempts to withdraw or misappropriate the ZWL137 million and an audit trail establishing financial prejudice to Gono’s company.
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Clark Clever said the acquittal was a relief and a signal that the justice system can protect citizens when courts strictly apply the law.
“We are happy with the judgment,” he said.
“This shows the Second Republic’s commitment to fair justice for small people like us.
“This was made into a big issue as some tried to flex their muscle and abuse power and authority to prosecute others.
"We encourage — and demand — that manipulation of the courts be rejected so that justice is served.”
The state did not oppose the High Court’s decision, having conceded that the charges were defective.
The ruling ended the months-long prosecution of the Makoni couple.
According to the state, in July 2017, the complainant engaged the services of the accused persons to manage Valley Lodge, among other properties.
On August 10, 2017, the couple allegedly forged a CR14 form in which Clark appointed himself director and company secretary and his wife as his deputy.
Armed with the forged CR14 form, the two are said to have approached ZB Bank Mutare, Valley Lodge’s bank.
They allegedly misrepresented to the bank that they were the new shareholders and wanted to change signatories to bank accounts.
The State said the couple then allegedly fraudulently took over the complainant’s company and gained access to its bank accounts.
In court, the couple denied the charges, saying they were also politically motivated.
