New twist to Angel's Bentley saga

HARARE - Spirit Embassy founder Uebert Angel’s Bentley saga has taken a new twist after his accessory Anderson Tagara — who was fined $4 000 — allegedly appealed against the ruling, claiming he was wrongly convicted.

Tagara, through his lawyers from Mutamangira and Associates on Friday filed an appeal to the High Court, seeking the quashing of Harare regional magistrate Noel Mupeiwa’s ruling.

Mupeiwa ordered Tagara to pay $4 000 or alternatively spend 12 months in prison. A further 12 months were suspended on condition that Tagara does not commit a similar offence in the next five years.

However, in his notice of appeal, Tagara told the High Court that Mupeiwa erred in finding him guilty.

“The learned magistrate erred by convicting the appellant as an accessory after the fact to the crime of ‘theft of trust property’ in the absence of facts establishing the principal offence,” he argued.

He said the court erred by convicting him based on the sole evidence of the complaint, Ndabazinengi Shava.

“The learned magistrate erred, having accepted the impossibility of the promise made by the alleged principal offender (Angel) to the complainant, by alleging the existence of a trust relationship,” he said.

He said the court was wrong in accepting that the handing over of the motor vehicle and the registration book by Tagara to Shava constituted transfer of ownership, but rejecting that the passing of the same items by Shava to Angel did not constitute transfer of ownership.

He added, “The court a quo erred, having established that the appellant and alleged principal offender could not be found guilty of fraud by convicting on unproven facts and unproven offence.”

Allegations against Tagara arose in February 2012 when Shava intended to purchase a Bentley Continental sedan from the UK.

He engaged Tagara, whom he gave $240 000 and the two entered into a verbal agreement.

Tagara imported the car, before handing it over to Shava.

The State later accused Tagara of conniving with Angel and signing a fake agreement of sale, claiming Benjamin Mudzanire had bought the car from him for $76 000.

According to State papers, the car was later registered in Angel’s name, leading to the criminal charges.

Comments (7)

Daily News please give me the editing job. Is it accessory or accomplice. Accessory as in hand bag, necktie etc. No vakomana this is basic English.

Samaz - 25 March 2015

Where did you learn? The Oxford dictionary defines Accessory this way "a person who assists the perpetrator of a crime without taking part in it." So where did Daily News go wrong? ·

keynes - 25 March 2015

samaz dailynews used proper English for accessory can also be defined as "assisting a crime without actually participating in committing the crime itself"...

zarmani - 25 March 2015

Vasingazive ngavadzidziswe , Samaz kuzotowanza . Editing job hahahaha. Shallow appreciation of the queen's language.

taoz - 25 March 2015

Haa Samaz you want the Editor's job when you cant teach even zero grade basic english. Go back to school, its not too late

BlaKodza - 25 March 2015

SAMAZ CHINGEZI CHAVAREMERA KIKIKI

DOFO - 26 March 2015

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