A FILABUSI resident magistrate has been fined $500 for converting court fees and bail money that was paid in cash and replacing it with electronic money.
Mzingaye Ephraim Phanankosi Moyo (33) of Low density in Filabusi, received $962 in judicial fines, court fees and bail re-imbursements which he was supposed to deposit into the Judicial Service Commission (JSC) bank accounts.
Instead, he deposited $531 cash into the bank accounts and deposited the rest via transfer.
Moyo pleaded not guilty to theft when he appeared before Bulawayo magistrate Mr Lizwe Jamela.
He was alternatively charged with criminal abuse of duty.
Mr Jamela convicted and fined him $500 or 20-days imprisonment. In addition, five months imprisonment were wholly suspended for five years on condition that he does not within that period commit a similar offence.
Passing judgment, Mr Jamela said Moyo’s actions amounted to theft of the cash he had been given as trust property with instructions to deliver it to the Judicial Service Commission (JSC) by way of depositing the actual cash received into the JSC account.
“The accused person’s defence is merely an attempt to justify his actions by explaining the motive behind his actions. Unfortunately, that does not absolve him from the crime of theft. His defence is more of mitigation than it is a defence to the charge he is facing,” said Mr Jamela.
Moyo had submitted that his only intention was to safeguard the money after he failed to deposit it.
Prosecuting, Mr Denmark Chihombe said on August 24 last year, Moyo received $962 being judicial fines, court fees, bail re-imbursements and Z69(j) funds which he was supposed to deposit.
“The accused person went on to deposit $531 and converted the remaining $431 to his own use,” he said.
Mr Chihombe said on August 26, Moyo effected an electronic transfer of $431 from his personal CBZ account into the courts and administration fund as replacement of the money which he had already converted into his own use.
He had no right to convert the money in the manner he did.
