The State has insisted a Chinese couple accused of grabbing a furniture company, with shares worth half a million dollars, has a case to answer and should be put on its defence.
The couple had on Wednesday applied for acquittal at the close of the State case.
But prosecutor Editor Mavuto argued that judging from the evidence led from the owner of the company Artur Fernando Pieria Dias, his wife Liliana and their daughter, a co-director, Rosalie, it was apparent the accused had a case to answer.
Zhaosheng Wu and Yan Yu, charged with fraud, alongside the director of Eras Accounting and Executor Services, Dawid Johannes Erasmus submitted, through their lawyers, that the State had failed to prove a case against them.
Erasmus argued he had been given permission to look after the company during the time the complainant, Atur Dias, and his family left for South Africa.
The Chinese couple also argued they paid Dias and had the right to be co-directors, but failed to provide proof of such payment to the court.
Their application for acquittal was opposed by Mavuto, who submitted all the State was supposed to do at the close of its case was to adduce evidence to show that the accused had a case to answer.
Mavuto said the heavier onus of proving a case beyond reasonable doubt was not required at the close of the State case, but at the end of a full trial.
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He submitted Wu, Yu and Erasmus allegedly forged company documents and removed Dias from directorship of his company.
Mavuto further said he produced evidence in the form of a CR14 where Dias was allegedly removed as director and replaced with Erasmus and his co-accused persons despite the termination of the sale agreement.
According to the allegations, the Chinese couple agreed to buy Monomotapa Garden Furniture in 2008, but after failing to pay $400 000, they allegedly got Erasmus to forge a share certificate purporting he was the director.
They then allegedly transferred 1 000 shares into the couple’s company, Shomet Industrial Development. The shares were valued at $500 000.
Regional magistrate Never Katiyo is expected to deliver his ruling on the matter on December 6 because the foreign language interpreter would only be available on that date.
