- Stephen Margolis wrongfully accused , exception upheld
- State ordered to proceed by way of summons
HARARE magistrate Victoria Mashamba on Thursday upheld an application of exception done by the defence counsel on behalf of prominent businessman Stephen Margolis who was facing charges of theft of trust property.
When Margolis appeared at the Harare magistrate’s courts, the court assessed the objection raised in the application which noted that he was wrongfully accused in the indictment.
The owner of Margolis Resort among other properties had initially been hauled before the courts on charges of theft of trust property after he allegedly failed to return a clients’ Honda Fit vehicle which was entrusted to him as surety.
Margolis (68) denied failing to return Moline Rufaro Mapandu’s Honda Fit, which she allegedly gave him as surety when she used his wedding facilities and failed to pay the full amount at once.
Margolis had insisted that the agreement which led to the surrendering of the Honda fit vehicle, was between complainant Farai Molline Mapandu and the company Margolis Resort (Private) Limited and not between Mapandu and himself in his personal capacity.
“In the eyes of the court the attached agreement made it clear that accused in his individual capacity was wrongly cited,” Mashamba ruled.
“State should have cited company as an accused person. Court therefore orders State to amend its State papers and correctly charge the accused person which is the company in this case. As to whether this is a civil or criminal case it can only be considered during trial as these are triable issues,” Mashamba added.
The exception was then upheld on the basis that state did not charge the proper accused.
The State was ordered to proceed by way of summons.