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Tanaka Mrewa, Court Reporter
A SIMBISA southern region banking manager who was facing theft charges involving more than $96 000 has been acquitted.

Trust Machaka (40) denied the charges saying he was forced to sign an incriminating affidavit.

Simbisa is a subsidiary of Innscor Africa.

His lawyer, Mr Byron Sengweni of Sengweni Legal Practice, alleged that two managers at Simbisa threatened Machaka with arrest and police brutality to force him to incriminate himself.

Bulawayo magistrate Ms Charity Maphosa acquitted Machaka saying there was no evidence to support that Machaka committed the offence.

In delivering her judgment, Ms Maphosa said Machaka defended himself stating that management would make withdrawals just before banking and not account for it.

“State had six witnesses – financial manager, auditor, two clerks and their leader and an accountant. Lifa Ncube, the financial manager testified that bookkeepers reported variances which prompted investigations. Accused said variances were caused by Ncube and one O. Moyo. Mr Mpabanga, the accountant, testified that he didn’t work in the banking department hence could not conclude that accused had stolen,” said Ms Maphosa.

She added “Although defence applied for a discharge at the close of the State case, the court found need for accused to explain his signature against withdrawals and the affidavit acknowledging taking the money and offering to reimburse with his property.

“The State proved that other people apart from accused signed for cash. However, a book that supported that the management was authorised to take money was reported missing. The court also had to find if contents of the affidavit amounted to a confession.”

Ms Maphosa said the State proved that guilt was inferred from the fact that Machaka submitted reconciliation after a year that had no negative variations yet some were discovered later.

“The confession in admission, standing alone, doesn’t suffice to prove accused’s guilt.

“From the totality of the evidence led for the State and defence the court is satisfied that accused was indeed facing serious allegations that just remained as allegations. None of the elements of the charge of theft were satisfactory. For that reason, the court returns a verdict of not guilty and acquitted.”

For the State, Mr Jeremiah Mutsindikwa had said Machaka stole the money between July 2015 and July 2016.

“Machaka would receive daily takings from Pizza Inn, Bakers Inn, Creamy Inn, Chicken Inn, Mr Baker, Steers and Nando’s. His responsibility was to deposit the money into the company’s account. Each month he would under-bank the amounts,” he said.

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