HARARE – A Harare provincial magistrate on Monday partially dismissed an application for discharge filed by two men accused of fraud involving the estate of the late Brian James Rhodes, a grandson of British imperialist Cecil Rhodes.
Brian Murphy, one of the accused, has been ordered to take the witness stand on Thursday to defend himself, while his co-accused, Adam Wood, has been acquitted after the court found no evidence linking him to the alleged fraud.
The State alleges that the two supplied false information to the Registrar of Companies in a bid to gain control of properties owned by Karoi Properties (PVT) (LTD), a company registered in the name of the late Brian James Rhodes.
The properties in question include several stands (184, 186, 188, and 194) along Mutare Road in Harare.
In her ruling, magistrate Lisa Mutendereki noted discrepancies in the evidence presented.
“From the evidence, certain issues are not disputed. In the main charge, it is clear there was a misrepresentation. In the alternative charge, the Registrar’s office, being a public entity, was supplied with false information by Veracity, a company where Murphy is a director,” she said.
“The first accused (Murphy) must provide a defence based on the evidence presented to the court. However, the second accused (Wood) was proven to have no ties to Veracity and has thus been acquitted.”
According to the State’s case, the late Brian Rhodes executed a will on October 20, 2003, naming several beneficiaries, including Shonar Rhodes Faquar, Benice Rhodes Kilburn, Lonar Rhodes Cruger, Sean Rhodes, and Elizabeth Anne Rhodes.
The will also proposed the creation of a Phoenix Trust. However, by the time of Rhodes’ death on July 29, 2006, the trust had not been registered, and no shares or properties had been transferred to it.
The estate was registered with the Master of the High Court under DR 1426/10 on October 15, 2010, by Rhodes’ surviving spouse. In December 2012, the complainant, Elizabeth Mucheche, was appointed executor of the estate to oversee its administration and the distribution of shares to the beneficiaries.
It was during this time that Mucheche allegedly uncovered fraudulent activity.
The State claims that on October 20, 2016, Murphy and Wood, acting in common purpose, forged a CR14 form for Karoi Properties and submitted it to the Registrar of Companies. The form falsely stated that Brian Rhodes had died on April 30, 2012, instead of the actual date, July 29, 2006.
The CR14 also alleged that Lorna Jane Cruger had resigned as a director of Karoi Properties, a claim contradicted by company records and CR14 form guidelines.
The State alleges these actions were designed to mislead the Registrar’s office and unlawfully alter the company’s directorship.
