HARARE,
Zimbabwe
—
A
Harare
magistrate
on
Monday
partially
dismissed
an
application
for
discharge
by
two
men
accused
of
forging
company
documents
to
seize
control
of
property
linked
to
the
estate
of
Brian
James
Rhodes,
a
grandson
of
British
imperialist
Cecil
Rhodes.
Provincial
Magistrate
Lisa
Mutendereki
ruled
that
one
of
the
accused,
Brian
Murphy,
must
take
the
witness
stand
Thursday
to
defend
himself
against
charges
of
fraud
and
misrepresentation.
His
co-accused,
Adam
Wood,
was
acquitted
after
the
court
found
no
evidence
tying
him
to
the
alleged
scheme.
Prosecutors
allege
the
two
submitted
a
forged
CR14
form—used
to
register
company
directors—to
the
Registrar
of
Companies
in
an
attempt
to
take
over
Karoi
Properties
(Pvt.)
Ltd.,
which
owns
several
commercial
stands
on
Harare’s
Mutare
Road.
The
company
was
registered
in
the
name
of
the
late
Brian
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,”
Mutendereki
said
in
her
ruling.
“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.