Businessman-cum musician, Energy Mutodi, accused of stealing US$588 000 from desperate home seekers has filed his application for discharge at the close of the State’s case.
Mutodi and his company, National Housing Delivery Trust, are jointly charged with company trustee Boniface Chikono Mutodi.
In the application, Mutodi’s lawyer Mr Charles Chinyama insists that there was no misrepresentation proved by the State.
“State has failed to prove the essential elements of fraud and the accused pray to be found not guilty and acquitted.
“This case was not supposed to have seen light at a criminal court taking into account that it relates to failure to fulfil contractual obligations, it is wholly civil in nature.
“A majority of witnesses have stated that all they want from Mutodi is their money back and nothing else,” he said.
Mr Chinyama added that the rest of the evidence by witnesses was common cause with some demonstrating that they had defaulted on their payments.
Harare magistrate Mr Hoseah Mujaya is set to rule on the application next week Wednesday.
Prosecutor Mr Michael Reza closed the State case after calling 60 witnesses.
Mr Reza alleged that on the formation of National Housing Delivery Trust, Mutodi and Chikono became the founding members.
A Kingdom Bank account 49034067 was opened and Mutodi and Chikono were signatories.
The pair went on to apply for a deduction code with Salary Service Bureau (SSB) and were granted code number 47453.
Civil servants and other people were invited to join the and sometime in 2007, the National Housing Delivery Trust made Mutodi the sole signatory for all transactions in relation to the trust, it is alleged.
Investigations revealed that the accused did not own stands in Harare, Bulawayo, Masvingo, Gweru and Mutare.
Only US$3 585 was recovered from a total prejudice of US$588 787.