The Sunday News
Richard Muponde, Gwanda Correspondent
BULAWAYO High Court judge Justice Francis Bere has acquitted and discharged Nigerian businessman Chief Oma Alphonsus Achinulo who was facing charges of theft involving over $70 000 from his business partner in a stands deal.
Achinulo (48) of Suburbs in Bulawayo, who is also a Liberation Centre pastor in Bulawayo was facing 14 counts of theft involving more than $70 000 following claims by his business partner Mr Nicholas Masuku of N and S Properties that he had been duped in a stands project.
The matter was reported in Bulawayo but failed to take off before it was transferred from Bulawayo regional court to Gwanda regional court last year. However, in Gwanda it also failed to be concluded after the start of the trial because Achinulo who had pleaded not guilty applied to the Bulawayo High Court for the regional magistrate, Mr Joseph Mabeza to recuse himself.
He argued that he would not get a fair trial after he claimed the magistrate dined with State witnesses. Mr Mabeza then recused himself and the matter was transferred from the regional court to the provincial court where it was tried by Matabeleland South provincial magistrate Mr Willard Maphios Moyo. Four witnesses testified in the matter.
Achinulo through his lawyer then, Mr Lison Ncube applied for a discharge at the close of the State’s case but the magistrate, Mr Moyo dismissed the application. He, however, ruled that Achinulo had a case to answer and should be placed on his defence.
Achinulo then rushed to the Bulawayo High Court again through his new lawyer, Mr Sifelilizwe Mguni under case number HC 1699/16 seeking an order for stay of the magistrate’s ruling and acquit him. He cited the State and Mr Moyo as the first and second respondents. In his ruling, Justice Bere said the court erred in dismissing Achinulo’s application.
“The court erred in arriving on a finding that the plaintiff should be placed on his defence. After reading arguments this Honourable Court finds no evidence linking the plaintiff to the commission of the offence. He is hereby found not guilty, acquitted and discharged,” ruled Justice Bere.
The Nigerian’s partnership with Masuku involved the servicing and development of residential stands in Feinspruit Township, Umzingwane District and Achinulo, who was the financial director in the project was accused of having used $70 533,34 meant for buying water reticulation pipes and materials, for other purposes.
@richardmuponde
