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Dynamos boss wants case against him dismissed

Sport
Lusengo who is represented by advocate Tawanda Zhuwarara appeared before magistrate Barbara Mateko today.

By Desmond Chingarande

Dynamos Football Club board chairman Bernard Marriot Lusengo who is accused of fraudulently allocating  himself the majority shareholding of the club has filed an application for exception saying the charges do not disclose the offence.

Lusengo who is represented by advocate Tawanda Zhuwarara appeared before magistrate Barbara Mateko today.

Through his lawyer, Zhuwarara, Lusengo said the fraud charge against him is incomplete and must be rendered defective beyond restoration.

“At law the accused is entitled apply to have the charge quashed or to except to such charge on the ground that it does not disclose an offense recognisable by the Court. The Accused contends that the Charges he faces are anomalous, irregular and offensive at law, “Zhuwarara submitted.

Zhuwarara said the charge must state the essential elements of the offence with sufficient precision and provide sufficient particulars of the acts or omission alleged to have been committed which constitute the criminal offence and that the accused must not be left to guess or speculate as to the true nature of the offence.

“In the present matter the charge, as against the accused, fails to meet the aforementioned legal standard and is therefore defective and must be quashed. The Charge in case does not particularise the manner in which it is alleged that the Accused made a misrepresentation. The Accused is left guessing as to whether the allegation is that he made the misrepresentation orally, in written form or by conduct or omission.”

Zhuwarara said the charge is not clear as to who at Dynamos Football Club it is alleged that the accused made the misrepresentation.

Magistrate Barbra Mateko postponed the matter to March 24 for ruling.

Allegations are that sometime in 2008, Dynamos Football Club subsisting articles of association were replaced through a special resolution.

It is alleged that in 2019 Robson Rundaba received a call from one Chitambo of Sakunda Holdings advising him that Lusengo had approached their company seeking sponsorship for Dynamos FC and that he was claiming that to be the sole owner of the club.

Rundaba allegedly then convened a meeting with Chitambo in the company of Simon Sachiti and one Nyamandwe in which Chitambo claimed that Lusengo had retracted his earlier claim and was now saying he owned 51% of the company shares.

Investigations revealed that Lusengo had awarded himself 51%shareholding in the club without the knowledge or approval of Rundaba and other r members.

The state alleges Lusengo’s conduct can cause a potential prejudice of 51% shares to Dynamos.

The CR14, CR2 and articles of association for Dynamos will be produced in court as exhibits.