By Judith Nyuke
The trial of local businessman Clark Makoni and his wife Beverly, who are accused of fraudulently transferring former Reserve Bank Governor Dr. Gideon Gono’s company into their own names, continued on Friday at the Harare Magistrates’ Court, with the couple’s lawyer questioning an auditor’s credentials.
The two are facing fraud allegations, claims they deny, describing the case as “malicious, frivolous and vexatious allegations being peddled by the complainant in connivance with those who occupy certain positions of influence within the law enforcement agencies.”
Lindiwe Sabeka was called as a State witness, presented as an auditor, stating that she was a full member of the Institute of International Auditors and held an Honours degree in Accountancy, a Diploma in Forensic Accounting, in addition to other qualifications.
In cross-examination, Admire Rubaya, Makoni’s lawyer, inquired whether Sabeka had any proof of her being an Internal Auditor, a member of the Association of Fraud Examiners, and an employee of Galwex Company. Sabeka admitted she had not brought any such identification.
Rubaya pressed the witness further asking how the Court could trust her testimony when she couldn’t verify her professional role to the Court.
According to Rubaya, Sabeka’s professional identification is necessary to validate her claimed investigation findings, as the court should not rely solely on verbal testimony without supporting documentation.
It has also emerged that her firm completed the audit report without giving the couple a right of response.
The audit report also did not have the alleged forged CR14 showing that the two were now in control of the company.
Sabeka told the Court that the investigation uncovered evidence of Makoni and his wife paying themselves sums not authorized by their employer.
The auditor also added that their calculations revealed these unauthorized amounts totaled ZWL$137,736,500.
The complainant in this case is Valley Lodge (Pvt) Ltd, a registered company which was being represented by George Mashonganyika.
Makoni and his wife are owners of Ark Properties (Pvt) Ltd, an estate agent company appointed by the complainant as managers of Valley Lodge in Mutare.
Prosecutor Heather Muokoto alleges that in July 2017, the complainant engaged the services of the accused persons to manage Valley Lodge, among other properties.
On August 10, 2017, the couple allegedly forged a CR14 form in which Clark appointed himself director and company secretary and Beverly as his deputy.
Armed with the forged CR14 form, the two are said to have approached ZB Bank Mutare, Valley Lodge’s bank.
They misrepresented to the bank that they were the new shareholders and wanted to change signatories to bank accounts.
The State alleges that the couple then fraudulently took over the complainant’s company and gained access to its bank accounts and stole money.
The actual prejudice is $137 736 500, the State is alleging. Magistrate Stanford Mambanje rolled over the matter to 23 May.
