Tanzanian businessman acquitted in Zim

Published: 10 June 2013
A Tanzanian businessman accused of repacking Oriental and Zam Zam rice into branded packaging belonging to another company has been acquitted.

Mlengela Anastazi, director of Bolstfern Investment, who was represented by Ms Helen Mutsauki of Muchengeti and Company, was acquitted at the close of the State case after a Harare magistrate Mr Tinashe Maburu ruled that the State had failed to prove a prima-facie case against him. Mr Maburu said the State failed to tender the rice as evidence in court and the investigating officer dissociated himself from the video and photography evidence.

He also said there was evidence of tampering with the video and no witness saw the shooting of the video and taking of photographs.

The magistrate said the evidence given by witnesses was also conflicting adding that the Standard Association of Zimbabwe should have been called to test the quality of the rice.

Ms Mutsauki had argued that the allegations were manufactured by her client's competitors. The State alleged that police received a complaint from Ayan Trading of counterfeit Aroz Mariana rice of 25kg bags being made by Anastazi which was being sold at US$18,50 each. It is alleged police officers set a trap when they pretended to be customers and placed an order.

The State alleged that Superintendent Tenderere, Assistant Inspector Kadonhera and Sergeant Chikwangwani then went to the premises to "collect their order" and found Anastazi's workers re-packing the rice.

Police say 995 new empty 25kg bags of Aroz Mariana, 500 empty bags and 902 packed and sealed bags of Oriental and Zam Zam rice were recovered from the warehouse. The State further alleged that 56 bags of packed "Aroz Mariana" were also recovered from the storeroom.
- TH

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