The lawyer representing two directors of E-Creator said that those who reported his clients to the police broke the law by dabbling in illegal activities and had therefore approached the court with dirty hands.
Stephen Chikotora is representing Trymore Tapfumaneyi and Justin Kuchekenya, who are listed as the directors of E-Creator.
Chikotora on Tuesday cross-examined the investigating officer, Brighton Samaneka, in his clients’ bail application.
He said there was a possibility that an imposter was using his clients’ company to dupe people.
Tapfumaneyi and Kuchekenya denied knowing their co-accused, Zhao Jiatong, who is being charged as the founder of the Ponzi scheme. Said Chikotora:
Do you confirm that you didn’t tender any document establishing any link between the two directors and the Chinese national and that you personally don’t have any evidence that the Chinese personnel met with the two at any point before their arrest?
He put it to Samaneka that the two directors only met Zhao, for the first time, after their arrest.
In response, Samaneka said:
We don’t have anything yet and evidence of their meetings is under investigation, however, this is synonymous with a Ponzi scheme, the person who spearheads the project doesn’t meet with the people on the ground, that’s the characteristic of a Ponzi scheme.
Chikotora further asked the police officer about how they established that the two directors and Zhao worked together if there was no evidence that they have met before, or that they know each other.
Samaneka said their failure to meet confirmed police concerns that they were operating a Ponzi scheme.
Asked about whether the company had an account number and how it operated, Samaneka said:
It’s still under investigation but I don’t know. I submit that E-creator electronic commerce, though registered as a company, had no intention to operate as a company, it was solely formed with the reason to dupe the public, that’s why their operations are inconsistent with the operations of a fully registered company.
Samaneka also told the court that he was still investigating allegations that E-Creator used over 50 EcoCash sim cards to receive money from the public.
The trio’s lawyers were set to file their additional submissions in writing and the presiding magistrate, Marehwanazvo Gofa, will pass the bail ruling on Thursday.
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