Regional magistrate Morgan Nemadire last week dismissed an application by the executor for the estate of the late national hero Charles Njodzi Dauramanzi to refer his fraud case to the Supreme Court.
Cecil Madondo wanted the case referred to the court of appeal arguing he was wrongly charged. But Nemadire said the application was frivolous and vexatious.
Madondo (51) is being charged with fraud and breach of section 39 of the Administration of Estates Act and contravention of Section 343 of the Companies Act.
In his application before the court, Madondo also requested prosecutor Michael Reza to recuse himself from handling the case.
Reza said all witness statements showed Madondo allegedly committed fraud by misleading the Master of the High Court when he said the two housing stands in Chivhu belonged to Dauramanzi.
Madondo, of Tudor House Consultants, is alleged to have caused potential prejudice of 74, 9% shares worth US$165 000 to the complainant, Brian Mapurisa.
Brian is the son of the late Robson Mapurisa who core-owned Chivhu Holdings Pvt Ltd with Dauramanzi.
Madondo is alleged to have misled the Master of the High Court that Dauramanzi held 100% shares in Chivhu Holdings (Pvt) Ltd yet he owned 25%.
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On May 2, 2006, Madondo allegedly made a final inventory and misrepresented in his declaration that stand numbers 322 and 324 belonged to Dauramanzi when the two immovable properties belonged to the company, according to the title deeds.
On July 15 last year, the State alleges, Madondo wrote to Brian, Dauramanzis wife, Master of the High Court and Fremius Executor Services circulating a false statement indicating Dauramanzi held 100% shares in the company.
