THE Supreme Court has upheld the 18-year prison sentence imposed on two former Delatfin Civil Engineering employees who stole residential stands worth US$3 million from their employer and sold them.
The court ordered that the disputed stands be returned to the Delatfin Civil Engineering registry, restoring full ownership of the land to the company.
Jacob Muyambo and Saymonds Mutakura were initially sentenced to 20 years in prison by Harare magistrate Stanford Mambanje, with two years suspended on condition of good behaviour. They were convicted alongside Amos Kagona, who shot himself on the day he was supposed to be sentenced.
Represented by Admire Rubaya, the pair appealed against both conviction and sentence at the High Court.
Justices of appeal Happias Zhou and Neville Wamambo dismissed the appeal, ruling that the trial magistrate had acted within the law. The High Court also upheld the order directing that the stands at the centre of the fraud be reverted to the Delatfin registry.
“The evidence led by the State was credible and reliable. The amount involved totalled above US$3 million, a figure that was obtained by an auditor who testified in this court,” the judges ruled.
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The judges acknowledged that the convicts were first offenders, adding that a lenient
sentence would send the wrong message.
“But that’s not the ultimate solution. The State placed emphasis on the value of the stolen property. This is a very serious case of fraud. It was premeditated,” the judges said.
“Muyambo abused his office and the trio was persistent in its enterprise and bit the hand that fed them. Their moral blameworthiness is high, hence the sentence must fit the crime and be blended with mercy.”
The judges noted that the offence was committed under aggravating circumstances.
“The available mitigatory factors are outweighed by the aggravating factors and they can only earn a slight reduction. The stolen stands should be reverted to the registry of Delatfin, which shall assume ownership.”
The accused then took the case to the Supreme Court, appealing the High Court’s decision to uphold the conviction and sentence.
A Supreme Court bench comprising Justices Susan Mavangira, Lavender Makoni and Hlekani Mwayera upheld the High Court decision and dismissed the appeal.
“Whereupon after reading documents filed of record and hearing counsel, it is ordered that the appeal be and is hereby dismissed,” the Supreme Court judges ruled.
The judgment will also affect those who bought the stands from the accused persons, as the court ordered that Delatfin assume ownership.
The court heard that after illegally selling the stands, the accused prepared fake agreements of sale, purporting that the stands in question had been sold, with Muyambo, in his capacity as finance manager, approving the sale.
They then share the proceeds.