Zimpapers Logo

Yeukai Karengezeka Court Correspondent

A local businessman Luka Ignatius Fabris, who is a co- director of Spartan Security (Pvt ) Ltd today appeared in court for allegedly defrauding a woman US$1 million she had invested with his company.

Spartan is the first accused while Fabris is being charged in his personal capacity as one of the directors of Spartan Security.

The trial commenced today before Harare regional magistrate Mrs Feresi Chakanyuka.

The complainant Leigh Ann Patricia Rudland (53) led her evidence in chief today.

She told the court that she was referred to Fabris by his brother who used to do business with him.

The State alleged that sometime in 2019, Fabris, acting on behalf of his company approached Rudland and told her that the company was doing a cattle ranching business which was very profitable.

Fabris allegedly lured her to invest into the business and promised her that she would get 2 percent of her total investment every month.

Rudland, who had her money banked with her lawyers, instructed her lawyers to transfer some money into Fabris’ bank account.

The court heard that on March 21, 2019 Rudland’s lawyers transferred the sum of Z$4 800 000 from their Standard Chartered Bank account into CBZ bank account.

The two agreed that the money was equivalent to US$ 1 million at the prevailing bank rate during that period.

However, after Rudland made her investment, she only received the sum of US$540 000 and thereafter Fabris stopped giving her dues and started giving unnecessary excuses.

Rudland made several efforts to engage Fabris who became evasive.

She decided to report the matter to the police after realising that she had been duped.

However, Fabris in his defence is denying the fraud charge, arguing that she paid Rudland all her money and was no longer indebted to her.

“The accused contended the complainant arranged with the first accused (Spartan) wherein she would transfer Z$4 800 000 into the first accused’s account held with CBZ Limited in exchange for cash in ZWL$ currency at a fee of 1%.

“The complainant collected all her cash in ZWL$ from the accused person’s offices less the 1 percent due to the 1st accused and has been paid in full all her dues by the 1st accused and no amount is outstanding,” argued Fabris.

Fabris said the complainant had to collect her cash in batches as per her instructions and by the time she collected the last batch of cash, her money had lost value due to inflation and the complainant started to demand compensation for the inflation-inflicted loss, which directors of the company declined as it would amount to the unjust enrichment of the complainant.

Moreover, Fabris said the matter was civil.

“This matter is at most civil and the complainant is aware of this and further, the complainant is aware that the doors for recourse in the civil courts have been closed by prescription and now launches this desperate bid to effect debt collection through the criminal justice system. It is an abuse of the court process which ought to be dismissed with the due contempt it deserves,” reads part of his defence.

The State is represented by Mr Anesu Chirenje, while the accused are represented by their lawyers Mr Joseph Nemaisa and Mr Msindo Hungwe.