By Judith Nyuke
Businessman Luka Ignatius Fabris, initially convicted by a Harare magistrate in May this year for an alleged unsuccessful investment agreement with Lee Anne Patricia Rudland, has been acquitted by the High Court due to insufficient evidence.
High Court Judges, Justice Chikowero and Justice Zhou, overturned a conviction by Feresi Chakanyuka, who had fined Fabris US$300.
Fabris was jointly convicted with Spartan Security (Pvt) Ltd, where he is a co-director.
He was also given a wholly suspended sentence of 12 months imprisonment on condition that he does not commit a similar offence in the next five years.
Spartan was also fined US$300.
Fabris then appealed both the conviction and the sentence. Part of an order by the two judges that is dated 22 November 2024 read,
“Whereupon, after reading documents filed of record and hearing counsel, it is ordered that the appeal is allowed.
The conviction is quashed and the sentence set aside. The following is substituted:
” The 1st Accused (Luka Ignatius Fabris) is found not guilty and is acquitted.
The 2nd Accused (Spartan Security Pvt Ltd) is found not guilty and is acquitted”.
Fabris was convicted following a complete trial by Magistrate Chakanyuka.
However, during trial, the magistrate erred in that she relied on evidence from just one witness.
During trial at the Harare Magistrates’ Court, responding to the allegations, Fabris pleaded not guilty to fraud charges.
He denied ever entering into the nature of transaction or agreement as alleged by Rudland.
He said Rudland made an arrangement with Spartan Security wherein she would transfer ZWL 4 800 000-00 into the 1st Accused’s account held at CBZ Limited in exchange for cash in ZWL$ currency at a fee of 1% (1 per cent)
He added that he is only one of four directors and acted for Spartan Security with the blessings of the full board of directors and can not be held personally liable for a transaction that was consummated with the full knowledge and authorization of the whole board.
He also said Rudland collected all her cash in ZWL$ from the Spartan Security’s offices and has been paid in full all her dues.
Fabris said Rudland had to collect her cash in batches per her instructions and by the time she collected the last batch of cash, her money had lost value due to inflation and she started to demand compensation for the inflation inflicted loss, which directors of Spartan Security declined.
He also added that Spartan Security never agreed in principle or otherwise to settle Rudland ZWL$4 800 000-00 in United States Dollars as alleged and never paid any amount in United States dollars as alleged as this would amount to an illegal foreign currency trade transaction.
