Jere acquitted

BUSINESSMAN Mr Farai Jere, his company Helcraw Electricals and two Zimbabwe Electricity Transmission and Distribution Company (ZETDC) engineers — Mr Freeman Chikonzo and Mr Leonard Chisina — have been cleared of the US$3.5million fraud charges they were facing at the Harare Magistrates Court. Mr Jere and his company, Mr Chisina and Mr Chikonzo were acquitted by Harare regional magistrate Mrs Marehwanazvo Gofa after a successful application for discharge at the end of the State’s case.

Acquitting the trio, Mrs Gofa said there was no sufficient evidence to convict them.

“The Factory Assessment Test (FAT) report shows that the test was done and that only a few issues were to be rectified when they returned into the country.

“It is not the duty of the accused to prove that the FAT was done.

“The State should have produced evidence that the factory in the United Kingdom where the FAT was done does not exist.

“The State failed to produce evidence that the FAT was not done,” she said.

Mrs Gofa said all the State witnesses who testified in the matter turned out to be defence witnesses because of the nature of evidence they gave to the court.

She said some of the witnesses changed their testimonies in the midst of giving their evidence.

“All the State witnesses turned out to be defence witnesses.

“The State witnesses are experts in their respective fields and they all said FAT can be done on benches.

“Eng Mapipi, who testified as State witness, initially said he did not sign the FAT report voluntarily. Upon cross-examination by the defence and upon being shown messages that were not shown to the court, the witness could not answer any single question.

“It shows that he was not forced. “All witnesses said the FAT report was not fake.

The question that remains is; does this amount to misrepresentation when all the witnesses said it was genuine.

“All the witnesses said testing was done in full view of everyone.

“Eng Mapipi lied that he signed the report under duress.

“The fact that some of the meters did not meet required amperage does not amount to any misrepresentation.

“There is no evidence to show such misrepresentation as the State alleges.

“It was their (ZETDC) choice to go to the United Kingdom for FAT and it was not by coercion.

“There is no evidence to prove any essential elements of the charges that any reasonable court can convict,”she said. Mrs Gofa said ZETDC was also generating revenue from the smart meters that were supplied by Helcraw Electricals.

Mrs Tendai Shonhai and Mr Tafara Chirambira appeared for the State.

Advocate Mr Lewis Uriri, who was instructed by lawyer Mr Tinofara Hove, represented Jere and his company while Mrs Mavis Sachikonye-Ushe appeared for Chisina and Chikonzo.