THE trial of a Bulawayo-based Nigerian businessman and church leader, Oma Alphonsus Achinulo, accused of stealing over $70 000 from his Zimbabwean business partner, has taken a new twist after the matter was transferred from the regional court in Gwanda to the Provincial Magistrates’ Court.
The trial had been stalled for some time following complaints by Achinulo (48) that the then presiding regional magistrate Joseph Mabeza and prosecutor Johannes Tlou were biased against him.
After the complaint, Mabeza and Tlou are said to have recused themselves from handling the matter.
This was after Achinulo, through his lawyer Lison Ncube, filed an application for review of Mabeza’s proceedings at the High Court, where Justice Maxwell Takuva granted the application and ordered that the case be heard by another magistrate.
Last Monday, Achinulo went to Gwanda Magistrates’ Court with his lawyer, where they were advised by Mabeza that the matter was to be heard by provincial magistrate Maphios Moyo.
The development did not go down well with Achinulo, who argued that procedurally, a case should not be taken from a higher court to a lower court.
His lawyer Ncube confirmed that the case had been set for trial on December 11 by another magistrate.
“The matter has been postponed for trial in Gwanda to be heard by provincial magistrate,” Ncube said. “The High Court granted an order for a trial de novo (new trial) before a different magistrate.”
Achinulo, who is director of Enfund Trading Company, is accused of stealing over $70 533 from Nicholas Masuku.
On his initial appearance for trial in Gwanda, Achinulo, through his lawyer, complained that the magistrate and the prosecutor had been seen having lunch with Masuku, and other State witnesses.
As a result, Achinulo expressed concerns he might not get a fair trial.
He also accused Tlou of interjecting his lawyer when he was cross-examining Masuku.
He claimed Tlou led Masuku in a manner that aided his evidence, but Mabeza reportedly ignored the lawyer’s objections.
Achinulo said there was clear bias on the part of the State and the magistrate.
The State alleges that on October 20, 2010, Masuku, a managing director of N and S Properties, agreed with Umzingwane Rural District Council to service and develop residential stands at Feinspruit Township.
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Masuku then partnered with Achinulo’s company, which was to provide an earthmover and an excavator for the project, but Achinulo only brought an earthmover in violation of the deed of partnership.
Achinulo had been appointed financial director of N and S Properties and Enfund Trading Company when the project started.
The two later ran out of resources and Masuku approached the council seeking permission to sell 43 stands to raise money for water reticulation pipes and materials to complete the project.
From May 2011 to February 2012, Achinulo allegedly received a total of $70 533,34 and diverted the funds to his personal use.
He allegedly refused to show Masuku the financial books and records of the partnership.
In his defence, however, Achinulo said all the money was channelled towards the project and accused Masuku of fabricating the charges.-SouthernEye