By Staff Reporter
BUSINESSMAN Ofer Sivan and his Personal Assistant Cassandra Myburg have been acquitted by the High Court after frequenting it for two years on fraud charges.
Their acquittal was based on a trial which saw witnesses from banks whom Sivan had been accused of defrauding, taking stand and indicating all papers were in order.
Stanbic Bank Lawyer Simba Mawere said that all verification and formalities had been completed to the satisfaction of his client.
He argued his client had not received any complaint in the nature Sivan and Myburg were being accused. The two were said to have forged signatures of former partner Gilad Shabtai so as to externalise funds.
The case was further lengthened by its Investigating Officer, Owen Mutembwa, who confirmed under oath that he had never actually investigated the matter.
In passing judgement Justice Pisirayi Kwenda said there had been an attempt to mislead the court into taking up a private prosecution.
“We acquitted the persons when, after a protracted trial when the prosecutor general threw in the towel and exercised his prerogative to stop the prosecution.
“In this case it is clear that the complainant, who was not satisfied with the earlier decision to decline prosecution, took it upon himself to compile his own docket by conducting his own criminal investigation and recording statements of witnesses and secure their attendance at the trial.
“A criminal court should not be misled into presiding over a private prosecution which is disguised as a public prosecution based on a police docket compiled from police investigators.”