Thandeka Moyo Court Reporter
A MANAGER at a local top restaurant who was alleged to have swindled $72 600 from an Indian investor in a botched deal to establish Cloud 9 Pub has been acquitted of fraud charges.
Norman Kaziva (46) and Simbarashe Mutsvanga (32) who is a former immigration officer were alleged to have conspired to set Mr Uathalil Sasi Sanandhraj up for deportation by affixing a fake visa in his passport so that he loses his investment.
Bulawayo provincial magistrate Ms Gladmore Mushove acquitted Kaziva saying the State had failed to prove its case.
Mutsvanga is facing forgery charges and his trial is yet to kick-off.
“The court has taken into account the evidence that has been brought before the court and it is clear there is no evidence which proves that the accused misrepresented anything.
“He is therefore found not guilty and discharged,” said Ms Mushove.
Prosecuting, Mr Jeremiah Mutsindikwa alleged that Mr Sanandhraj arrived in Zimbabwe on November 17 last year intending to establish a nightclub business with Kaziva and Mutsvanga.
Sanandhraj, the court heard, met Kaziva at his place of work last year and the two men allegedly discussed plans to start a business together.
Sanandhraj allegedly tasked Kaziva to register the company as he would be one of the directors with 20 percent shareholding.
The court heard Kaziva drew up fake documents citing himself and Sanandhraj as directors and he allegedly forged a lease agreement leaving out Sanandhraj, thereby exposing the Indian businessman to a potential prejudice of $70 000 .
The money was the Indian’s investment in renovating the nightclub and buying stock.
Mutsindikwa said when Sanandhraj advised Kaziva that his visa was about to expire, the latter led the Indian to Mutsvanga, who masqueraded as an immigration officer.
Mutsvanga allegedly took the passport and returned it with a new visa which extended Sanandhraj’s stay to December 21.
The dates on the visa were clumsily altered, leading Sanandhraj to suspect it was fake.
Sanandhraj, who later called the police, would have been arrested, deported and banned from the country upon presenting a passport with a fake visa at any immigration point of exit — leaving Kaziva and Mutsvanga to take over his business, the prosecutor added.