The fraud trial of Clark Clever Makoni and his wife Beverly Aisha Ndonda Makoni resumed at the Harare Magistrates’ Court today, with the defence questioning the credibility of a key State witness, George Mashonganyika.
The couple faces charges of defrauding Valley Lodge of ZWL 137 million , allegedly by forging documents to gain control of the company’s bank account.
Represented by lawyer Admire Rubaya, two accused argued that Mashonganyika, who testified on behalf of the State, failed to present credible evidence linking them to the fraudulent activities.
During the proceeding Mashonganyika tendered a document with missing signatures, the document was only signed by Mashonganyika himself and Dr. Gideon Gono. This was not good enough for the court as this document was supposed to show the part that the two accused had in this case. The defence counsel pointed out that this document could not be used as evidence against the Makonis following that they never signed.
During the heated proceeding of cross examination Mashonganyika emotionally admitted that He is a serial liar and has once confessed to his church Pastors about lying giving doubt to the court on his credibility as a witness to this matter.
Responding to the Lawyer Mashonganyika said, “Yes I am a liar when I am out there, when I lie I confessed so that I bring the 10 commandments back as a teacher of a church ministry.”
Furthermore, the defence lawyer highlighted that Mashonganyika had no direct proof, such as CCTV footage, to substantiate claims that the couple had submitted forged documents.
Mashonganyika did not challenge these assertions during cross-examination, raising further doubts about the strength of the State’s case.
Rubaya also emphasised that Mashonganyika was not a handwriting expert, making his testimony on whether the accused had signed the disputed documents speculative.
In a further blow to the prosecution’s case, Rubaya pointed out that no evidence had been presented to the court to show the accused conduct. This is recently after the state withdrew charges against the accused couple of illegally changing ownership of Valley Lodge which Dr. Gono claims ownership.Prosecutor Sithembiso Moyo told the court that there was no evidence to proceed with the case and that the prosecution could not substantiate any of the claims levelled against.
The trial, presided over by Magistrate Stanford Mambanje, has been adjourned to Friday for continuation.
