Top lawyer Mugiya cleared of fraud charges
Court say Complainant was not truthful in her evidence that she had no duty to pay for disbursements in terms of the contingency agreement.
Harare- WHEELS of justice has turned as top Harare lawyer Norman Mugiya has been cleared of fraud charges.
Mugiya was charged with theft of trust property after he was falsely accused of misappropiating USD540 that was given to him by his client to pay the Sherrif of High Court to execute an award order.
The complainant was Nyarai Chinguruwe of Mufakose, Harare. Following trial, Harare magistrate Ntombizodwa Sibanda freed the attorney ruling that the state had failed to prove its case.
Sibanda also said it was clear there was a trust agreement between the complainant and the lawyer. She said in terms of the contingency agreement, it was clear complainant had an obligation to pay for disbursements.
“Complainant was not truthful in her evidence that she had no duty to pay for disbursements in terms of the contingency agreement.
“It was clear the sum of US$540 was not sufficient to cover for attachment fees and removal fees.
“The sum of US$698 for removal fees was raised by the Deputy Sheriff after complainant never paid for the removal fees in terms of the contingency agreement.
“Complainant gave evidence which was at variance with the exhibits which were tendered through her.
“It was also clear from the evidence that two applications were done by the Law firm on behalf of the complainant; that is interpleader proceedings opposed on her behalf and an application to attach property.
“Therefore, part of the money she paid was channelled towards disbursements,” said the magistrate before passing a not guilty verdict.
Prosecutors alleged that sometime in 2017, Chinguruwe engaged Mugiya’s legal services and instructed him to recover her late husband’s back log salary amounting to US$2,175 from Kingstons (PVT) LTD where he had been employed.
It was further alleged that Mugiya won the court order under High Court case number 7676 .In a quest to recover the aforementioned back log salaries, stationery of an undisclosed value was attached as per removal assessment form2 dated November 9, 2018.
It was alleged that Mugiya then made the complainant pay fees amounting to US$540 which was required by the Deputy Sheriff for the execution of property against Kingstons . The court heard that on July 24, 2018, Chinguruwe paid the said amount and was issued with a receipt number 2045 dated 24 July 24, 2018.
Prosecutors also alleged that Mugiya then asked Chinguruwe to supply her with banking details where proceeds from the auction of the stationery would be deposited and she complied. After passage of time, Chinguruwe noticed that no funds were deposited into her bank account.
She proceeded to the High Court where she was told that she did not pay the required removal fees of US$540. Investigations revealed that the said property was attached but was not removed as the complainant had not paid removal fees.
A comment from Judicial Service Commission was requested and confirmed that the money was not paid. Prosecutors averred Mugiya unlawfully and intentionally collected payment amounting to US$540 from Chinguruwe.
