By Paul Nyathi| A Bulawayo lawyer who is already having another case in court on fraud charges appeared in a separate court at the weekend facing charges of defrauding a home-seeker of more than $13 000.

Russel Dzete who together with two accomplice was convicted of the fraud.

Dzete (34) and his accomplice, Austin Moyo (62), were convicted by Bulawayo regional magistrate Mr Joseph Mabeza after a full trial.

They were both remanded in custody to tomorrow for sentence. Dzete’s other accomplice Cavan Maibvise is still on the run. In mitigation.

In mitigation Dzete asked the court to give him a non-custodial sentence saying he would restitute the complainant in the next three months.

“I pray that the court gives me a non-custodial sentence as it has been said by the court that it is in the best interests of the court not to send first offenders to prison. I pray that I be allowed to restitute the complainant. May the court temper justice with mercy as I am a married man who is a bread winner,” he said.

Moyo who is serving a prison term for another offence asked the court to be lenient.

“Whatever, the sentence that will be imposed, may it run con-currently with the sentence I am serving,” he said.

In response, Mr Tinashe Dzipe for the State said Dzete’s moral blameworthiness was high as he did not live up to the expectations of a legal practitioner.

He said a non-custodial sentence will therefore trigger an outcry from members of the public.

In another matter still before the courts, Dzete allegedly teamed up with Moyo, Binary Mkandla, Edmund Makonese and Simangaliso Muringi and defrauded three home seekers of $38 600 and R60 000 by selling them non-existent stands last year.