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Diesel N'Anga - 'No Show in Court'

Wed. July 29, 2009; Posted: 09:59 AM
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Look up the PowerRating of NOSH and see how it has performed over the past week as well as the current proprietary PowerRating.

Harare, Jul 29, 2009 (The Herald/All Africa Global Media via COMTEX) -- NOSH | Quote | Chart | News | PowerRating -- Yesterday, the alleged diesel n'anga escaped sentencing at the Chinhoyi magistrates court when Mashonaland West provincial magistrate Mr Ignatius Mugova, said he could not sentence her in absentia because she "had a right to be heard".

Last week, Mavhunga was found guilty in absentia of defrauding the State and misleading public officials after she claimed in 2007 that she had discovered diesel oozing from a rock at Maningwa Hills in Chinhoyi.

She has not been seen in court since February when Mr Mugova indicated that he was ready to pass judgment.

However, her two accomplices in the diesel-from-a-rock hoax - Lyton Munodawafa and Martin Mazvazvido - were not so lucky and were fined US$700 each and handed wholly suspended prison sentences.

Mavhunga is believed to be "practising" her trade in Guruve, but for nearly six months now, police have not been able to locate her.

Sources at the courts yesterday said a team of detectives had been dispatched to Guruve to take Mavhunga into custody. Her lawyer Mr Chandavengegwa Chopamba of Mushonga, Mutsvairo and Associates, said he had not heard from his client but had received unconfirmed reports that she was not feeling well and her legs were swollen.

Quoting a 1998 Justice Gillespie ruling, magistrate Mr Mugova said he could not pass sentence on Mavhunga in her absence as she had a right to be heard first.

However, he said the offence was "premeditated and diligently executed", making it necessary to pass a punitive sentence on her two accomplices.

He noted that they had not materially benefited from the crime because it appeared as if all proceeds had gone into Mavhunga's pockets. Mavhunga was allocated a farm in Chinhoyi, though the offer letter was withdrawn after it became apparent that she was taking the nation for a ride.

In mitigation before passing sentence, Munodawafa and Mazvazvido through their lawyer said they had lost cattle in a bid to settle their legal bills and had already spent three months in remand prison.

"The court must consider that my clients have been punished enough through pre-trial incarceration as they were in remand prison between December 4, 2007 and March 7, 2008.

"They also suffered emotionally as they endured life with a charge likely to attract a prison sentence of 35 years hanging over their heads," said Mr Chopamba.

For full details for NOSH click here.

    


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