Stephen Chadenga
The High Court has overturned the conviction of Gweru miner and businessman Charles Simbi and his wife Zodwa who were jointly charged of fraud and forgery emanating from a land dispute at Kanuck Farm along the Gweru-Shurugwi Road.
Sitting at the High Court in Masvingo Justices Sunsley Zisengwe and Christopher Dube-Banda affirmed the couple’s appeal and dismissed both conviction and sentence imposed by the Gweru magistrates’ court.
“The appeal against conviction on both counts is hereby upheld and quashed,”reads part of the judgment.
“The decision of the magistrates court is hereby substituted by the following; that each accused, meaning the appellants, is hereby found not guilty and acquitted on each count.”
Simbi and Zodwa were last year convicted by Gweru magistrate Beaulity Dube and handed effective jail terms on the two counts of forgery and fraud involving a resettlement permit.
However in their appeal the Simbis, through their lawyers Esau Mandipa of Mandipa, Makwara and Chikukwa Legal Practitioners and Brian Muzenda of Hore and Partners submitted that the trial court had erred both in law and fact when it convicted and sentenced them in November last year.
The argued that the resettlement permit at the centre of the dispute had been lawfully obtained and was genuine.
The couple further argued that the trial magistrate misdirected herself by applying the doctrine of common purpose in circumstances where it was not applicable.
The appellants also submitted that instead of the lower court to require the State to prove its case beyond reasonable doubt, it shifted the burden of proof onto them by expecting them to prove their innocence.
Allegations were that Simbi used his wife to forge an offer letter, which was allegedly used to claim ownership of the land.
But the couple denied the charges arguing that they were among a group of beneficiaries resettled by a committee from the Midlands war veterans and we’re therefore improperly singled out among other resettled farmers.