The NPA has indicated that they are now proceeding to criminally prosecute businessman Genius Kadungure in the matter in which the socialite is charged for tax evasion together with his company Piko Trading, Daily News reports. This was despite reports that they had previously halted prosecution after Genius reached an out of court settlement with the taxman.
But in the turn of events, the state said they can criminally prosecute Ginimbi individually as the law provides for such prosecutions. Genius lawyers argued that the state could not criminally prosecute him since he was not in the country when the crime was committed. However, submissions filled by the state said otherwise as they claim Ginimbi can be charged in his personal capacity:
There is no reason why the director or servant cited may not be charged in his personal capacity as well. Section 385 (3)(v) provides that “the citation of a director or employee of a corporate body to represent that corporate body in any criminal proceedings instituted against it shall not exempt that director or employee from prosecution for that offence in his personal capacity”, read the State’s submissions.
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He can only escape liability by showing on a preponderance of probabilities that he did not take part in the commission of the offence and could not have prevented it. The onus is thus on him. This does not relate to his being charged but to his guilt.
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