An Indian businesswoman and son who were accused of allegedly swindling a Harare businessman of $130 000 through the fraudulent sale of company shares have been acquitted for the second time.
Nighert Parween Savania, 63 and her son Deen Mahendra Savania Jivan, 34, had been dragged to court by local businessman Nathan Munaba.
Munaba accused the duo of having sold company shares from the unregistered estate of Mahendra Savania.
The two pleaded not guilty to the charges and counter argued that Munaba was bringing up trumped up baseless charges.
The duo had applied for acquittal on the basis that they had been tried for the same offence before by former Harare magistrate Tendai Rusinahama who acquitted them.
Munaba then approached the High Court seeking a new trial which was granted by Justice Chinembiri Bhunu.
The Savanias refuted the charges laid against them by Munaba which were given to the court by Prosecutor Ephraim Zinyandu.
They raised Section 70 (1) of the constitution which gives a right to any person accused of an offence not to be tried for the offence if he or she was previously tried and acquitted.
Harare magistrate Ms Lucy Mungwaru upheld the application by the two after a protracted trial which commenced in 2012.
She found the duo not guilty and ruled that the charges were acquitted by the same court.
Meanwhile, Munaba’s trial where he stands accused by the Savanias of fraudulently doctoring company documents and prejudicing of approximately $400 000 has reached the defence case.