Businessman Acquitted in US$9k ‘Love Affair’ Theft Case

By Judith Nyuke

A Harare magistrate has acquitted businessman and farmer Philemon Maruta of theft of trust property charges involving nearly US$10,000 brought against him by a local woman following the collapse of their relationship.

Sandra Jeche alleged that she gave Maruta nearly US$9,650 across four transactions to buy and transport raw materials from South Africa—a deal the State claimed was never fulfilled.

Represented by Admire Rubaya, Maruta pleaded not guilty before Harare magistrate Artwell Sanyatwe, denying any trust agreement with Jeche.

In his defense, Maruta stated he was in a romantic relationship with the complainant, and any money she transferred to him was simply her repaying loans he had previously advanced to her during their affair.

He stated their financial exchanges were routine during their affair, which turned bitter when he ended it, and claimed Jeche actually owes him money.

He added that he is not even a registered dealer permitted to run the business Jeche claimed he was handling.

Maruta argued that the agreement alleged by Jeche would have breached exchange control regulations—an illegal transaction he insisted he would never have entered into.

His lawyer, Admire Rubaya, also challenged the charges as frivolous and vexatious, arguing that Jeche was abusing the criminal justice system to extort money from Maruta.

“The Complainant (Jeche) alleges in her statement that the Accused person (Maruta) was supposed to facilitate payments for alleged unnamed raw materials from suppliers in South Africa and transportation, yet the particulars of the charges are to the effect that the Accused was supposed to hold onto the money and pay it back.

“What the Complainant alleges, taken at its highest, created an alleged contractual relationship where the Accused had alleged obligations thus if at all the complainant should have instituted civil proceedings pursuing specific performance but she is abusing the criminal justice system in a bid to fast-track the repayment of money arising from a prescribed claim with the Accused person being afraid of the criminal sanction attached to criminal prosecution.”

Concurring with the defense’s argument on the improper framing of the charges, the court acquitted Maruta, concluding nearly two years of criminal prosecution.

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