HARARE – Businessman Genius Kadungure was freed on ZW$10,000 bail Tuesday after two weeks behind bars accused of fraud.
Justice Erica Ndewere of the Harare High Court said deputy chief magistrate Chrispen Mberewere erred when he denied bail to the liquefied petroleum gas trader.
In denying Kadungure bail, Mberewere said he was already facing fraud charges before the same court and the latest charge showed a propensity for crimes of dishonesty.
But Justice Ndewere disagreed. She said the fact that Kadungure is on remand does not weigh against him as he has not been convicted.
The pending case relates to tax evasion involving over US$3 million after underdeclaring sales of liquefied petroleum gas.
Kadungure is accused of evading paying full duty for his recently imported Bentley Continental by presenting forged papers to the Zimbabwe Revenue Authority.
He allegedly connived with a ZIMRA clearing agent, Alexander Gumbo, to fabricate documents so that he would pay less duty.
He denies the allegations and it is his defence that the police arrested him after the case had already been resolved between him and ZIMRA.
According to the State, Kadungure bought his Bentley for US$3,281,784. It is alleged that he connived with Gumbo and forged the vehicle’s value to read US$1,9 million.
The prosecution says the two scanned the forged documents before uploading them on the ZIMRA system for duty processing on December 22 last year.
It is alleged that ZIMRA Beitbridge then acted upon the misrepresentation to charge duty amounting to US$81,000 instead of US$139,665 leading to an actual prejudice of US$58,665 to the tax collector.
ZIMRA took him before a judge in a civil suit, and the court ordered him to pay the shortfall.
Meanwhile, as part of his bail conditions he was ordered to report once every fortnight to the police; to reside at his home in Domboshawa and to surrender his passport.
