THE trial of Upenyu Prosper Mashangwa and his four other accused on charges of defrauding Prophetic Healing and Deliverance (PHD) Ministries of $116 000 in a botched importation of a Land Rover Discovery 4 from South Africa failed to commence yesterday on a technicality.
by PAIDAMOYO MUZULU
The State accused the five of hatching a plan where they falsified importation papers of the Land Rover Discovery 4 which was seized by Zimbabwe Revenue Authority in March this year after it was discovered the vehicle’s customs clearance certificate was not genuine.
Mashangwa, who is jointly charged with Cosmas Mashaninga, Victor Ngonidzashe Matiyenga, Kudakwashe Larry Mapfumo and Clifford Tinashe Gonde, appeared before regional magistrate Noel Mupeiwa where they were remanded to July 2 2015 for trial after one of the defence lawyers made an application for exception to the charges.
Lawyer Simon Mupindu, representing Matiyenga, said he was applying for an exception to the charges because the State papers did not clearly state what role his client played in the commission of the alleged offence.
Prosecutor Rufaro Mazvimbakupa conceded and asked for time for the State to consult and amend the charge sheet.
The matter will most likely be protracted as each of the five accused has their own individual defence counsel. Mashangwa is being represented by Jonathan Samukange and Tafadzwa Hungwe, while Dumisani Mthombeni is representing Mushaninga
Mapfumo is being represented by Anesu Bangidza and Gonde has S D Maruza as his counsel.
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The complainant’s lawyer, Everson Chatambudza, has since asked the prosecution to have Mazvimbakupa recuse herself from the case as she is married to one of the defence lawyers, Mthombeni.
It is the State’s case that Mashangwa received $80 000 from Admire Mango, an overseer at PHD Ministries, to buy the Land Rover Discovery 4 as a birthday present for Prophet Walter Magaya.
After receipt of the money, Mashangwa is alleged to have worked with Mashaninga to import the vehicle from South Africa. However, they are alleged to have hatched a plan to pay very little money for the customs clearance of the vehicle by pretending that it was bought locally at a CMED auction conducted by KM Auctions.
They then worked in cahoots with Mapfumo and Gonde, who are Zimra revenue officers, to pay a special excise duty for the vehicle. According to State papers, the car was valued at $18 000 and paid $900 duty.
This was despite the fact that Mashangwa had asked for and received $36 000 from Mango to pay duty for the said vehicle.
It is the State’s case that the accused caused the complainant an actual prejudice of $116 000 and nothing was recovered.
