However, Joosab, Prestige Motors director, will serve an effective three-year jail term after magistrate William Bhila suspended nine years on condition of good behaviour and restitution.
Joosab was convicted of duping Abdul Aziz Mussa Umerji of $150 000, David Victor Kilpin of $53 000 and Norman Mataruka of $32 000.
He has since paid back part of the money he misappropriated, but has an outstanding balance of $162 000.
In passing sentence, Bhila said Joosab took advantage of his long-time friendship with the complainants and swindled them of their hard-earned cash.
“This is a typical case that cries out for a deterrent sentence. Accused pleaded for restitution, but that does not prevent him from being incarcerated. He cannot escape an effective prison term,” Bhila said.
“He grossly misrepresented to complainants that he had lucrative deals and borrowed money, after which he dangled fake pro forma invoices and took the money but started making false promises.”
Bhila said Joosab stole Mataruka’s vehicle in order to pay his debtors in a typical case of “robbing Peter to pay Paul”.
Prosecutor Editor Mavuto presented that sometime in November 2010, Joosab approached Umerji and misrepresented to him that he had secured an order to supply four Toyota double cabs and requested for $150 000 which he never paid back.
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The court heard that during the same month, Joosab again approached Kilpin who wanted to buy a Toyota vehicle and asked him to pay $53 000 cash upfront, but instead squandered the money and never delivered the vehicle.
The court also heard that sometime in July of the same year, Joosab was given a Nissan Navara by Mataruka to sell on his behalf, but instead he used the car to settle an existing debt with Kilpin and in the process prejudiced Mataruka of $32 000.
