Former Monomotapa Garden Furniture company secretary, Dawid Johannes Erasmus (69), who was charged alongside an acquitted Chinese couple, escaped imprisonment, but was yesterday sentenced to 420 hours of community service at Borrowdale Primary School.
Yesterday, regional magistrate Never Katiyo ruled that the ownership structure that prevailed before the company was fraudulently sold to the Chinese couple, husband Yan Yu and his wife Zhaosheng Wu by Erasmus, should be restored.
Katiyo also nullified the appointment of the Chinese couple by Erasmus as directors of Monomotapa Garden Furniture after the application by prosecutor Editor Mavuto, to have such appointment ruled null and void, was not opposed by the defence.
Before passing sentence, Katiyo said Erasmus betrayed the complainant, Athur Fernando Pieria Dias’s trust after being appointed the company secretary.
“Accused betrayed the complainant’s trust. Whatever motive he had of the company, remains unknown to us but to himself,” said Katiyo. “The court is persuaded not to incarcerate him considering his age and health but the conviction has brought shame not only to himself but his family as well,” he added.
Erasmus, a professional chattered accountant, was sentenced to a total of 48 months of which 36 months were suspended on condition of good behaviour and the remaining 12 months on condition he performed community service.
This was after he was convicted of seizing the furniture manufacturing company when he imposed himself as director and sold shares worth $200 000 to a Chinese couple.
The magistrate ruled from the evidence presented in court, it was clear Erasmus orchestrated the fraudulent seizure of the company and used the Chinese couple.
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He however, castigated the couple’s attempt to defend Erasmus when they argued that they did not know him but only met him at the police station when Dias reported the matter.
“The actions by the second and third accused (Chinese couple) are a realisation of what they stand to lose if they associated themselves with the first accused.” Katiyo said.
“The second and third accused believed they had sealed a deal with accused one who was a self-appointed director. It would appear the couple was taken advantage of being foreigners and not well versed with the local environment,” the magistrate added.
