Court Dismisses Fraud, Money Laundering Charges Against Local Businessman

By Judith Nyuke

Local businessman John Burnett has been acquitted of fraud charges stemming from allegations that he defrauded the Zimbabwe Consolidated Diamond Company (ZCDC) of $268,000 over a failed deal to supply eight Toyota Hilux single cab vehicles.

He was charged alongside Burnett Motors.

John Burnett, who was arrested and released on bail earlier this year, sought to have fraud charges against him dropped, citing no involvement in Burnett Motors, a company owned by his son.

The State accuses Burnett and Liam Barry Burnett of conspiring to scam car buyers by setting up Burnett Motors Dealership Private Limited in September 2020.

ZCDC allegedly signed an agreement with Burnett Motors on March 24, 2023, to purchase eight Toyota Hilux vehicles for $268,000.

After paying $100,000 upfront on August 4, 2023, and the final payment on January 5, 2024, Burnett Motors failed to deliver the vehicles within the promised four weeks and became unreachable, abandoning their known address.

Investigations allegedly showed Burnett drained the account through cash withdrawals without buying the vehicles.

However, John Burnett’s lawyer, Admire Rubaya, disputed the charges, claiming he (John Burnett) wasn’t the CEO and wasn’t involved with the company, nor was his name on the company documents.

“The Applicant was not part of the management of the 1st Accused (Burnett Motors) neither was he part of the board of directors. He can not be held to be vicariously liable for the alleged criminal misconduct of his son, who was the managing director of Burnett Motors.

“The Applicant was neither a director nor the company secretary of Burnett Motors to the extent that he is not linked whatsoever to the alleged actus reus.

“He never authored and or signed any bid documents and or any agreement for the alleged supply of the eight Toyota Hilux single cab motor vehicles to the complainant,” he submitted,” his lawyer submitted.

Magistrate Donald Ndirowei dropped the charges against Burnett after granting his application.