A Bulawayo woman, Aquilinia Kayidza Pamberi, said to have been the late former Prime Minister Morgan Tsvangirai’s lover, has challenged her conviction for fraud by a magistrate.
Pamberi was found guilty of fraud and ordered to pay $500 by a Bulawayo magistrate.
Ms Pamberi allegedly forged a document to the effect that she had made a $2 900 bank transfer to one Ms Chinyanda’s account.
In her appeal against conviction, Pamberi claimed that the learned magistrate erred. Part of the appeal reads:
…a fortiori the learned magistrate grossly misdirected herself on the facts, such misdirection amounting to misdirection in law, in finding that the appellant is guilty of fraud, such finding is not supported by the evidence that was placed before her.
The court a quo grossly erred and misdirected itself in totally disregarding the clear contradictory evidence in the complainant’s version which evidence was mutually destructive that no reasonable and sensible court which applied its mind to the facts would have disregarded same.
The learned magistrate erred in failing to appreciate that the complainant was an accomplice who ought to have been cautioned and whose evidence should have been treated with caution.
The learned magistrate erred in rejecting in toto the entire evidence of the appellant without proffering any reasonable explanation when her evidence was credible.