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Court Reporter
A Harare lawyer, Fred Machokoto of Machokoto and Partners Legal Practitioners, has appeared in court on allegations of embezzling $57 000 in trust funds.

Machokoto (42) allegedly committed the offence in connivance with another lawyer, Pardon Nhokwara, as they were the signatories to the trust account.

Nhokwara is still at large. Machokoto is being charged in his personal capacity as the second accused while his law firm is cited as the first accused.

He appeared before Ms Josephine Sande facing theft of trust property charges and was released on $200 bail coupled with some conditions, among them reporting twice a week to the police.

Mr Everson Chatambudza is acting on his behalf while Mr Artwell Chidziva is representing the State. In 2013, farmers, Patience Tsvakwi, Killiot Mukanya, Robert Makwanya, Tawanda Mungwari and Simbarashe Murerwa got offer letters from the Ministry of Lands for various pieces of land on Lot 3A Triangle Ranch in Chiredzi, which was formerly owned by Triangle Limited.

The State is alleging that the complainants harvested their sugar cane and delivered it to Triangle Limited for sale. It is the State’s case that Triangle Limited refused to pay the farmers their money resulting in them approaching the High Court for recourse.

In their application they sought for the eviction of Triangle Limited from the plots. They also wanted the court to intervene so that they could get their payments for the sugar cane they had delivered. The farmers won their case but before they could execute the court order, Triangle agreed to pay them a total of $57 000, the court heard.

The company then transferred the money through their lawyers Scanlen and Holderness into Machokoto and Partners trust account who were representing the farmers.

Despite the money having been transferred, Machokoto and Partners went on to instruct the Sherriff to attach property belonging to Triangle Limited on the basis that the funds had not reflected in their account, the State alleged.

On April 5 last year, Machokoto went to Triangle Limited in the company of the Sheriff where he allegedly demanded payment of $68 098-89. To avoid having their property attached, Triangle Limited, it is alleged, made a transfer of $68 098,89 into Machokoto and Partners trust account.

According to the State, since Triangle had made another payment, Machokoto was supposed to refund the $57 000 to Scanlen and Holderness. Instead, Machokoto and Nhokwara, who are signatories to the trust account, allegedly converted the money to their personal use.

This prompted Scanlen and Holderness to sue the farmers in a bid to recover their money and a default judgment was granted in favour of the Law firm.

A report was then made to the police leading to the arrest of Machokoto.