Former Chitungwiza town clerk Godfrey Tanyanyiwa has lost a High Court appeal against conviction and a two-and-a half years sentence imposed on him seven years ago for swindling the local authority of over US$80 000.
Justice Pisiriayi Kwenda sitting with the then High Court Justice Felistus Chatukuta, however, cleared Tanyanyiwa on the charge pertaining to concealing a personal interest from a principal (Chitungwiza Municipality), in which he was ordered to pay US$300 fine or spend a month in jail.
Tanyanyiwa was in September 2013 convicted on three counts of fraud and concealing from a principal a personal interest in a transaction.
He appealed against conviction and sentence but Justice Pisirayi Kwenda upheld the conviction and sentence imposed on Tanyanyiwa.
He ruled that Tanyanyiwa benefited from the fraudulent transaction when he used the funds ostensibly meant for the payment for servicing of Nyatsime residential stands to buy his own property.
“The circumstances permitted no other reasonable inference other than the appellant defrauded Chitungwiza municipality and was properly convicted,” said Justice Kwenda.
“In the result, we find no misdirection by the trial court which warrants interfering with the conviction with respect to counts 1 and 9.”
His lawyer Advocate Tazorora Musarurwa did not make submissions on the sentence imposed by the trial court thereby abandoning the appeal against sentence.