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of US$26 500 in a car deal, yesterday had her application for refusal of remand thrown out for lack of merit.
Harare magistrate Mr Don Ndirowei said there was reasonable suspicion that Mukazhi committed the offence.
“There is reasonable grounds that the accused committed the offence. It is not in dispute that she received US$26 500 for the purchase of the vehicle and failed to deliver it,” he said.
Earlier, Mukazhi through her lawyer Mr Everson Chatambudza had made an application challenging her placement on remand arguing that she should not be charged in her own capacity.
“It is improper to charge her in her own capacity, the State should charge the company since the agreements were made between Tromage Enterprises and clients hence Trommage was in trust of the money not in her own capacity.
“Citation of accused in her own capacity is improper so she should be removed from remand.
“The State’s allegations does not constitute a criminal offence since a breach of contract is a civil matter and thereby it is an abuse to these criminal courts when they start dealing with civil matters,” he said.
The State led by Ms Svodai Kadivirire had countered the State’s submissions arguing that Mukazhi had a case to answer and should be placed on remand.
“There is reasonable suspicion that accused committed the offence. State’s allegations are sufficient enough to establish connection between the accused and the offence.
“At this stage, the State need not to establish proof beyond reasonable doubt or a balance of probabilities, thus this application by accused should be dismissed and she should be placed on remand,” she said. The State had further argued that it was proper to charge her in her own capacity according to section 277 of the Criminal Law and Codification Act Chapter 9:23.
The section enforces criminal liability on cooperations and associates as well as their employees, members and agents. The Magistrate concurred with the State and her trial starts today (Thursday).Mukazhi allegedly placed an advert in the local newspapers saying she sold imported cars from Japan. She would make the interested buyers pay for vehicles in full promising to deliver at an agreed date, it is alleged. Appearing for the State, Ms Svodai Kadivirire says sometime in October last year, Mukazhi’s company placed an advert in the local newspapers urging members of the public to purchase cars from Japan through her company.
On November 3, the State says, Cashington Mavhunduke responded to the advert and proceeded to Mukazhi’s work place where he met her.
She allegedly informed him that she was about to leave the country for Japan to buy vehicles for other customers.
It is the State’s case that Mukazhi told Mavhunduke she had a licence, which allowed her to buy vehicles at auctions in Japan at lower prices.