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Daniel Nemukuyu Senior Court Reporter
Six men who allegedly connived with some Ministry of Finance and Economic Development officials to swindle the Government of $729 345 were last Friday freed on bail. High Court judge Justice Chinembiri Bhunu granted bail to the six in varying sums depending on the circumstances of each suspect. The six are: Tinashe Jacopo, Rangarirai Katsande, Christopher Kumisai, Felix Rimaunga, Anthony Tafirenyika and Madzudzo Mudzimba.

They had been denied bail by a magistrate, but the High Court overturned the decision after convincing arguments from a legal team comprising Advocate Lewis Uriri, Adv Webster Chinamora, Mr Walter Bherebhende and Mr Allen Moyo on appeal.

The judge ruled that since the State had consented to bail in the case of the other suspects in the same matter, the law required the court to ensure equality and fairness by releasing the six suspects.

“Our criminal justice system is firmly founded on fairness and equality before the law.

“What this means is that equal cases must be treated equally, and persons in the same circumstances must be treated the same without favour or discrimination.

“While the trial magistrate might have been justified in differentiating and denying the appellants bail on the grounds of propensity to commit similar offences, that justification fell away in respect of all the appellants once the State decided to consent to the release of one appellant in similar circumstances.

“For that reason alone, the appeal can only succeed,” ruled Justice Bhunu.

Jacopo, Katsande, Tafirenyika and Madzudzo were ordered to pay $300 bail each while Kumisai and Rimaunga were released on $1 000 each.

The six are jointly charged with Varaidzo Margret Chirahwi (32), who is the ministry’s senior economist; Jacob Forgive Mlambo, (30) an accountant; Stanley Zharare (40), deputy director external finance; and Mary Takavarasha (40) acting director finance and capital markets.

The Government officials are all out on $1 000 bail each.

Allegations against the group arose in December last year, when they manufactured and submitted to the Accountant-General’s Office fake invoices for payment in the names of Nico Orgo (Pvt) Limited and Pioneer Hibred (Pvt) Limited.

It was later established that the companies were non-existent.

They reportedly further attached a fake covering letter purportedly originated from Kudakwashe Zata, a finance director in the Agriculture Ministry, indicating that the two companies had supplied inputs worth $412 095 and was entitled to payment.

According to State papers, the ministry, acting on the fake documents, instructed FBC Bank to effect a transfer of $220 050 into accused’s BancABC account and $192 045 into a Steward Bank account.

It is alleged that the two bank accounts were opened in December last year.

The court heard that between December 31 last year, and January this year, the accused persons withdrew a total of $407 785 through cash withdrawals and transferred $92 750 into an FBC Bank account.

At least $79 915 was transferred into a Steward Bank account.

As a result, the ministry suffered a total prejudice of $412 000.

Using the same trick, the group submitted another fake invoice worth $317 250 in the name of Pioneer Hibred for payment on January 5, 2015.

The ministry acted upon the fake documents and instructed FBC Bank to transfer $317 250 into the accused’s BancABC account which they had previously used.

It is alleged that between January 7 to 12 this year, the accused withdrew $312 945 in cash, leaving a balance of $4 310.

The offence only came to light on January 15 this year, when the Agriculture Ministry, through Zata, requested the Finance Ministry to release funds to Reapers (Pvt) Limited, Zimbabwe Fertiliser Company and Windmill (Pvt) Limited, but was surprised to learn that the bank balance was insufficient to meet the pay- ments.

Due to accused’s actions, the ministry suffered an actual prejudice of $729 345 and only $4 310 was recovered.