Two representatives of the Small Grains and Legumes Association Trust who had been facing fraud charges involving a failed US$13,000 tillage agreement have been acquitted by a Harare court.
Oral Ntsona, 36, and Lousthaan Tapiwa Ngoshi, 32, were cleared after Magistrate Sharon Rakafa ruled that the State failed to prove the essential elements of fraud.
The accused persons were represented by Mr. Courage Chakawa of Chakawa Vhera & Mswelanto Legal Practice.
The court found that the dispute between the accused persons and complainant Standa Sani, 42, a Harare lawyer, stemmed from contractual disagreements rather than criminal conduct.
Sani alleged he lost US$13,000 after providing tillage services for a chia crop in Mhondoro under a contract he signed on February 28, 2021. He told the court he was assured that the crop was insured for US$23,000 and that payment would be made after harvest.
The accused later informed him the crop had been destroyed by frost and the insurance had lapsed, resulting in no payment being made. Sani pursued arbitration and won an award, but efforts to enforce the judgment were unsuccessful.
In her ruling, Magistrate Rakafa said the evidence presented was insufficient to establish that Ntsona and Ngoshi intentionally misled Sani. She said the matter was better suited for civil litigation.
The acquittal closes the criminal case. Sani may still pursue the matter through civil channels.
