Zvikomborero Parafini
HARARE businessman Shingai Levison Muringi has been convicted of contempt of court after he deliberately disposed of a motor vehicle in violation of a court order.
Muringi was convicted after a full trial by Harare magistrate Lisa Mutendereki. The complainant was Patrick ‘Chimpa’ Mutenha.
In her judgement, magistrate Mutendereki said Muringi had only been granted temporary access to the vehicle which he then disposed of.
“The court wasn’t there to look at the agreement of sale in the strictest sense but it had occasion to go through the court order and the terms of the court of order had to be read holistically to establish the intention of its issuance.
“The car was subject to a criminal case that was ongoing, he (Muringi) was granted temporary use of the vehicle, and it was to be made available if needed without disposing it.
“The intention was that even though accused was granted access to the vehicles he was supposed to keep it and selling the vehicle he would have breached the order as he wouldn’t then be able produce it upon demand by the court.
“Was the vehicle going to be available upon demand after being sold, no, so it’s the court’s finding that he was in breach of the order as he knew that he was supposed to be in possession of the car at all material times,” she said.
Prosecutor Takudzwa Jambawo proved that on August 4 last year, Muringi was arrested for fraud and money laundering resulting in his white Toyota Hilux double cab registration number AGE 2352 impounded and held at CID CCD as an exhibit.
The matter was referred to Harare Magistrates Court for prosecution and he later applied for the release of the car.
On December 18, the Provincial Magistrate granted a Court Order for the release of the motor vehicle from police custody to Muringi but on condition that he would produce the said vehicle upon request to do so by the State.
He was also ordered not to dispose of the vehicle in any way pending the finalization of the matter.
On December 20, Muringi sold the car to Chimpa for US$50 000, he produced an agreement of sale and never disclosed the status of the vehicle to complainant.
Muringi then hatched a plan to recover the vehicle from Chimpa and lured to re-possess the vehicle and reported a matter of theft involving the vehicle.
Chimpa was arrested by Vehicle Theft Squad. During the course of the investigation, the status of the car was established.
The car is impounded as an exhibit.
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