A Harare businessman and miller has been acquitted on charges of US$25 000 fraud.
The businessman, Wayne Victor Moss, was arrested in 2020 just as Covid kicked in.
Moss, who is the managing director of Machiareer Investments P/L t/a Mr Brands, a local food and beverage processing company, faced fraud charges together with Kudakwashe Gambanga as the second accused.
Over the four years, the case dragged on as Gambanga sought postponements.
On April 3, 2024, with trial concluded and judgement ready for reading, Gambanga failed to appear in court and another warrant of arrest was issued.
Gambanga fled and is in hiding.
Suspected to be on a UK passport, he has failed to appear in court since April 2024.
In a landmark court ruling, Harare Magistrate Feresi Chakanyuka granted the second attempt by Moss to separate the trial for purposes of reading the judgment.
- Harare businessman & miller acquitted
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Moss was found not guilty on all charges of fraud, but Gambanga’s separate ruling is yet to be handed down.
The expert witness from Webdev email domain host proved that Moss received a proof of payment from Gambanga’s email which, document, was forwarded to the complainant, one Liju.
Later, the document turned out to be a fake payment.
The Magistrate found Moss was a mere conduit and was duped by Gambanga.
Moss and the complainant had a pre-existing amicable business relationship.
The complainant unceremoniously turned on Moss with false criminal allegations.
Moss has sued for damages suffered due to ill-health contracted in remand prison under Covid, financial losses in business due to loss of tenders, banks refusing to open company bank accounts and reputational losses due to wide publication of his arrest.
Moss is the co-founder and Chairman of Traditional Grains Association (TGA).
He is also the co-founder and Secretary General of Small to Medium Millers Association of Zimbabwe (SMMAZ).
His bail conditions included handing in his passport, restrictions on travel, place of abode and weekly reporting to the police station.
