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Yeukai Karengezeka Court Correspondent

Another application for exception filed by the suspected fraudster Michael Smith, who is facing 40 counts of fraud and corruptly concealing transactions from his principal, has been dismissed by Harare magistrate Mrs Ethel Chichera.

The trial is failing to progress as Smith has been filing applications so that although none have so far been upheld they have delayed the trial. This time Smith was arguing that the charge sheet does not disclose an offence. But the court ruled that the charges were not vague and therefore he could plead to the charges.

Smith through his lawyer went further to propose that the matter be adjourned to March 27 but the State led by Mr Anesu Chirenje protested saying the adjournment should not be more than two weeks as the witnesses have been coming religiously since November 2022. So the trial now re-opens on March 15.

The State is expected to lead 38 witnesses.

Smith allegedly defrauded MA Auto Suppliers, trading as Mr Cruiser, of at least US$38 000 and R124 000. He is also facing charges of theft of trust property. Smith, was a director with MA Auto Suppliers but while Michael Scot Asher of the same company was away in Australia during the Covid-19 era when travelling was restricted, Smith allegedly failed to disclose to Mr Asher that their company was paying its South African suppliers through a third party, Mant Procurement (Pvt) Ltd.

Smith also allegedly imported two tents, a station wagon rear bumper and an RHS Carrier under the name of MA Auto Suppliers before selling them for personal gain.

Additionally, Smith is expected to defend himself for failing to account for US$28 985,72 in service charges received from relatives and friends after using the company’s resources.

It is the State’s case that in September last year, MA Auto Suppliers discovered that Mant Procurement was overcharging the company and MA had suffered prejudice of over R100 000.

Giving prosecution details of how Smith used the company, he allegedly imported two tents using MA Auto Suppliers resources and sold them to Ms Horsley for US$1,800.

Smith allegedly used the same modus operandi to import a station wagon rear bumper and RHS carrier and the customer paid R24 259,83 directly into Mant Procurement’s FNB account.

On another occasion, Smith was authorised by Mr Asher to sell a company Toyota Land Cruiser for US$7 500 and he allegedly converted the amount to his own use.

In November 2020, Smith also failed to account for a US$10 000 loan advanced to the company.

During his previous court appearance, the investigating officer presented evidence that Smith had committed the offence.

Key evidence was extracted from several communication devices by the Police Cyber Lab and should prove key to the case.