Senior lawyers up for $57k ‘theft’

Source: Senior lawyers up for $57k ‘theft’ – DailyNews Live

Tarisai Machakaire      4 September 2017

HARARE – Senior Harare lawyers – Fred Machokoto and Pardon Nhokwara – are
facing theft of trust property charges after they reportedly pocketed $57
000 which they had received on behalf their clients.

Machokoto, 42, appeared before Harare magistrate Josephine Sande and was
released on $200 bail, but his co-accused, Nhokwara, a lawyer at
Madzingira and Nhokwara Legal Practitioners, is still at large.

Machokoto and Partners Legal Practitioners, which operates from Hillside
in Harare, is also cited as an accused person.

The complainants are Patience Tsvakwi, Killiot Mukanya, Robert Makwanya,
Tawanda Mungwari, and Simbarashe Murewa – all farmers at Lot 3A Triangle
Ranch Farm in Chiredzi.

In 2013, Tsvakwi and the other farmers got offer letters from the Lands
ministry for the Triangle Ranch land, which was formerly owned by Triangle
Limited.

Prosecutor, Sabastian Mutizirwa, alleged that the farmers conducted
sugarcane production on the piece of land and delivered it to Triangle
Limited for sale.

The court heard that Triangle Limited refused to pay the farmers and they
sought reprieve from the High Court.

It was alleged that Tsvakwi and colleagues wanted Triangle Limited evicted
from the plot and payment for the sugarcane they had delivered to the
company.

The farmers won the case and entered into a Deed of Settlement with
Triangle Limited and agreed to receive $57 000 in full and final
settlement of the matter.

According to State papers, Triangle Limited then transferred the $57 000
through its lawyers, Scanlen and Holderness, into Machokoto Legal Firm’s
account for remittance to the farmers.

However, it is alleged that Machokoto and Nhokwara went on to instruct the
Sheriff to attach Triangle Limited’s property, saying the funds had not
reflected in their account.

On April 5 last year, Nhokwara approached Triangle Limited in the
Sheriff’s company and demanded payment of $68 098, 89 and the money was
forwarded into the trust account again.

Machokoto and Nhokwara were supposed to return $57 000 to Scanlen and
Holderness, since Triangle Limited had made another payment of $68 098,
89.

Instead of returning the money back to Scanlen and Holderness, the duo,
who were both signatories to the trust account, reportedly converted $57
000 to personal use.

The State is in possession of bank statements showing funds transfer from
Scanlen and Holderness Legal Practitioners into Machokoto’s bank account
and another one showing transfer of money from Triangle Limited, which
will be produced during trial.

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