|Sengeredo wants case heard at Supreme Court|
|Friday, 20 April 2012 00:00|
SHOOTING Stars Football Club director Joel Sengerdo, accused of swindling a Harare businessman in a property deal involving US$110 000, wants his case referred to the Supreme Court arguing that his constitutional rights have been violated. Sengeredo through his lawyers Thodlanga and Associates made the application before regional magistrate Ms Fadzai Mthombeni.
The lawyers argue that Sengeredo’s right to a trial within a reasonable time was violated.
“We respectfully submit in casu, a delay of three years to bring accused to his trial is inordinate and therefore not acceptable.
“It is further submitted that the applicant has been presumptively prejudiced by the State’s conduct of his case, with passage of time his recollection of what actually transpired is fading moreso when the State advised him that his case was not criminal but civil he felt totally absolved,’’ he argued.
However the State argues that the delay was caused by Sengeredo himself and three years cannot be termed unreasonable.
“I strongly believe that its (the application) not considering the conduct of the accused who was persisting on making empty promises to complainant that he would refund the money and avoid criminal court remedy,” he submitted.
The State alleges that he sold his residential stand, Number 521 subdivision of Stand 181 Helensvale Township, which was under construction, to Mr Stanely Kasukuwere and Mr Itayi Walter Chirume in October 2008.
Mr Kasukuwere, the managing director of Bosstan Marketing, is said to have paid US$62 000 as the initial deposit for the stand whose total cost was US$115 000.
It is alleged after paying the deposit, an agreement of sale was signed between Mr Kasukuwere and Sengeredo.
The State says Mr Kasukuwere asked for the title deeds to the stand and Sengeredo refused to hand them over before becoming evasive prompting Mr Kasukuwere to carry out investigations.
It is alleged Mr Kasukuwere discovered that the same property had been sold to Mr Chirume, the director of MMC Capital in Harare.
The State further alleges that during the same month that he had sold the stand to Mr Kasukuwere, Sengeredo advertised the same stand through Highrise Real Estate and Mr Chirume got interested.
He met Sengeredo who allegedly told him the stand was selling for US$90 000.
The State says Mr Chirume paid US$18 500 to Sengeredo while his friend Mr Taurai Munikwa, who is based in Uganda, paid another US$30 000 through Sengeredo’s offshore account.
It is alleged Mr Chirume later discovered through the Deeds Office that the same property was ceded by Sengeredo as collateral against a debt of US$50 000.
The matter was reported to the police, leading to Sengeredo’s arrest.