Yagden Engineering Directors Seek Court Relief Amidst Theft Allegations
By Staff Reporter
Two Directors from Yagden Engineering (Pvt) Ltd, who are facing allegations of theft, have filed an application for refusal of further remand after arguing that their case is being wrongfully handled by the current court, as it is still under review by the High Court.
In their submissions, Wayne Williams and Regis Maburutse said,
“The current matter is improperly before this court because the same case is before the High Court for review under HC 6357/19 ref HC 8358/18. If Mr Sarpo was acquitted as shown in the letter by magistrate Chitumbura, why then did he apply for review at the High Court?
“The Resident Magistrate Harare Province wrote a letter to the Provincial Head- Mashonaland Central pointing out that Madam Chitumbura dealt with the matter until the matter was finished, yet there is no ruling or judgment in the file showing that the matter was finished.”
“Additionally, if indeed Mr Sarpo was acquitted, why were the motorbikes released to Matebeleland Engineering when these motorbikes were recovered from him? Why were they not handed back to him at that point?
“The respondent is relying on a letter by the trial magistrate which was a response to the letter by the Resident Magistrate- Harare Province which does not have the effect of a court order or ruling.
They also pointed out that the complainant in the matter, Sarpo, is relying on a letter that was written in March this year by one Solomon Mateta who who was fire by the company two years ago.
“The letter by Solomon Mateta being relied upon by the respondent was only filed with the Clerk of Court on the 14th of March 2024 two years after being fired from Matebeleland Engineering. Also this letter does not constitute a court order at all.
“The Respondent is relying on a letter written by ZACC to the clerk of court on 7 March 2024 requesting for information on the case. All this was after they had arrested the applicants which is certainly a case of ‘arresting to investigate’and detention without having investigated the case.
“In casu the accused were placed on remand on facts which patently do not constitute the offence alleged at all.
“Hence the remand of the accused is based on clear misrepresentations by the state which has caused prejudice to the liberty of the accused as they were not only detained in custody the whole day and overnight but are currently restricted to exercise that right by having this unresolved matter hanging on their necks.”
The State represented by Thomas Chanakira said they will file their response by day end on Friday. Magistrate Appollonia Marutya remanded the matter to 10 April for her ruling.
The two were placed on remand in a matter in which Tony Renato Sarpo accused them of theft of 35 motor bikes.
The matter that is currently under review at the High Court has Tony Renato Sarpo as the accused person after he was accused of theft of trust property regarding the same 35 motorbikes.
