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Fungai Lupande Court Reporter
Harare lawyer Simbarashe Tsaurai, who was convicted of raiding a legal firm’s trust fund and stealing $35 000 deposited by clients, was yesterday sentenced to one-and-a-half years in prison.Tsaurai (30) of Cranborne pleaded not guilty to charges of stealing from the Tsaurai, Tafirei and Chikwari Law Firm trust account. But Harare provincial magistrate Mr Douglas Chikwekwe convicted him on two counts of theft of trust property after a full trial.

Mr Chikwekwe sentenced Tsaurai to four years and five months before suspending 18 months for five years on condition that he did not commit a similar offence.

Another 18 months were suspended on condition that Tsaurai restituted $35 000 to two complainants Hosiah Ncube (52) and David Matanda (66) of $25 000 and $10 000 respectively.

In passing sentence, Mr Chikwekwe said Tsaurai was a legal practitioner whose duty was to protect people.

“He destroyed the trust bestowed upon him by his clients and partners, a fine or community service will trivialise the offence,” he said.
In aggravation, prosecutor Mr Thomas Mabwe told the court that Tsaurai was a duly registered legal practitioner at the time he committed the offence.

“He was not an ordinary person, but someone well versed with the laws of Zimbabwe,” he said.  “He was also aware of ethics of a legal practitioner, so his moral blameworthiness is extremely high. He subjected his clients and partner to trauma when he disappeared with the money.”

Mr Mabwe told the court that in January last year, Ncube engaged Tsaurai, Tafirei and Chikwari Law Firm to follow up on $25 000 he was owed by Jeffrey Joseph.

He was assisted by Tsaurai and on January 28, he deposited $25 000 into Tsaurai, Tafirei and Chikwari Law Firm’s NMB bank account.
Tsaurai then withdrew the money and converted it to his personal use.

On the second count, the complainant was Matanda who, in June last year, subdivided his property at No 53 Scott Road in Harare. Matanda sold the subdivision to Happius Makoni through Beanpole Estate Agents for $25 000.

On June 16, Matanda received a call from Tsaurai stating that he was to surrender the money to Tsaurai, Tafirei and Chikwari Law Firm’s account number pending cession of the property.

Matanda transferred $10 000 into the law firm’s NMB account and Tsaurai withdrew the money and converted it to his personal use.