THE trial of a case that was widely reported as staggering US$1 million Ponzi scheme took a unexpected turn before Harare magistrate Francis Mapfumo after the State witness from Ecocash testified.
The State led evidence from Gift Zumbika, who is representative from EcoCash, to testify regarding transactions allegedly linked to the Ecreator platform.
The accused William Chui was being represented by Claude Bare was jointly charged with Zhao Jiatong.
The court heard that the figure dominated and framed public perception throughout the initial of the case were far narrower than what was heard in court.
Under cross examination, Zumbika testified that Chui received funds originating from fraudulently registered SIM cards.
The witness said when investigating through Chui’s EcoCash statement, he identified only five transactions, amounting to approximately US$1,400, allegedly linked to those SIM cards.
With documented evidence showing only US$1,400 allegedly flowing through Chui’s EcoCash account via the disputed SIM cards, the court was introduced to new dimension to the case.
During cross-examination, defence counsel Bare questioned Zumbika on a critical issue of how the SIM cards fraudulently registered in the first place.
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Zumbika conceded that two EcoCash agents had improperly registered the SIM cards ,he further stated that EcoCash later blocked their registration facility once the irregularities were discovered.
Bare argued that the doctrine of vicarious liability squarely applied since these agents were operating under the authority and banner of EcoCash,” he submitted.
“If their conduct enabled the alleged fraud, then EcoCash must shoulder responsibility. Jiatong and Chui are being made scapegoats.” defence argued .
Bare went further, contending that EcoCash had benefited financially from the very transactions now characterised as fraudulent.
According to the defence, once the matter entered the public domain and EcoCash became aware of the alleged irregularities, the company nevertheless retained the transaction fees generated from Ecreator-linked payments.
Zumbika rejected the allegation, maintaining that the transactions were valid.
Zumbika also testified that Zhao Jiatong had no relationship with Econet Wireless Zimbabwe or EcoCash — a clarification that may further shape the dtrategy as the trial progresses.
The trial continues next week , the State is expected to call the Investigating Officer to testify on the matter .
State told the court that sometime in January this year, Chui, who is a digital expert and West teamed up with Tapfumaneyi and Kuchekenya to defraud Zimbabweans through the ponzi scheme.
On February 7, Tapfumaneyi and Kuchekenya registered a company with the Registrar of Companies and named it E-Creator Electronic Commerce [Private] Limited with its offices located at Joina City building, Harare.
lt is alleged that during the period from February to July the accused persons misrepresented to unsuspecting Zimbabweans that if they invest with the company, they would earn huge monthly profits.
