The Prosecutor-General’s (PG) Office yesterday dropped perjury and defeating or obstructing the course of justice charges against a Harare businesswoman, whose $205 000 motor vehicle was allegedly stolen by a relative and sold to the Johane Marange Apostolic Church.
BY DESMOND CHINGARANDE
Omega Farai Chatyoka (54) had been charged with the offences after she obtained an affidavit claiming ownership of the Toyota Sequoia, which was being held as an exhibit in court. The vehicle had been released to her by the High Court.
The State, however, did not proffer the reasons for the withdrawal of the charges.
It was the State case that on October 25, 2013, Chatyoka, knowing that the motor vehicle was being used as an exhibit by the police, drew up a false affidavit under oath before Dunira Hungwe, a legal practitioner.
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The State alleged by the use of the false founding affidavit Chatyoka proceeded to obtain a High Court order, which led to the subsequent release of the vehicle, leading to her arrest.
However, Chatyoka, through her lawyer, Webster Chinamhora, argued the car was not taken by the police as an exhibit, but for safekeeping following a complaint she had made that the vehicle was being used by Johane Marange leader, Noah Taguta.
Chinamhora had also argued that the motor vehicle was released to his client as a result of an order or judgment of the High Court, which was neither appealed against nor rescinded.
According to the State, in July 2012, Chatyoka left her car in Abisha Svotwa’s custody for safekeeping when she went to America on business.
During that time, her relative, Innocent Gumbura, took advantage of her absence and lied to Svotwa that Chatyoka had authorised him to collect the vehicle and sell it on her behalf.
On December 24 of the same year, Chatyoka returned to Zimbabwe and discovered that the vehicle had been stolen and she reported the matter to the police.
Upon arrest, Gumbura allegedly revealed he had sold the car to a Congolese national, but on April 29, 2013, Chatyoka spotted the vehicle being driven along Samora Machel Avenue and she reported the matter to the police, leading to the recovery of the car from David Sewera, a member of the Johane Marange Apostolic Church.