Wrongly Convicted Database Record

 

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Patience Chivasa

 

Charge:

"Fraud (passing bad checks, documents, casino, bankrupcy, etc.)"

Sentence:

"14 months with 6 months suspended upon payment of $600 fine, and 8 months suspended upon restitution payment of $20,000."

Years Imprisoned:

Year Crime:

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Zimbabwe

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Patience Chivasa was wrongly convicted in 2015 of defrauding a South Africa based businessman Dharmesh Nagar of $22,000 in a failed business deal. The prosecution's case was based solely on Nagar's testimony unsupported by any documentation, that he had paid Chivasa a $20,000 consulting fee and $2,000 for the printing of zanu-pf Women's League t-shirts. Nagar claimed to have released the money through his company Media Revolutions. Chivasa testified in her defense that there had been payment of the money to her. After the bench trial based on the 'he said, she said' evidence, the judge found Chivasa guilty. She was sentenced to 14 months in prison, with six months suspended upon payment of a $600 fine, and eight months suspended upon paying restitution of $20,000 to Nagar. Chivasa appealed, arguing there was no legal basis for the judge to have accepted Nagar's unsubstantiated claim of being defrauded, while rejecting Chivasa's defense that there was no fraud. On June 16, 2016 the High Court set-aside Chivasa's conviction and ordered her acquittal based on insufficient evidence that she had received the money from Nagar. In May 2016 a warrant was issued for Nagar's arrest based on Chivasa's report to the police that he forged the e-mail that led to her arrest and being prosecuted for the alleged forgery. "

Conviction Caused By:

Perjury by the alleged victim.

Innocence Proved By:

"On June 16, 2016 the High Court set-aside Chivasa's conviction and ordered her acquittal based on insufficient evidence of her guilt."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Harare businesswoman acquitted, By Staff Reporter (Crime & Courts), SA partner 'wanted', The Zimbabwe Mail, June 18, 2016"

Information Location 1:

http://thezimbabwemail.com/crime-courts-24291-harare-businesswoman-acquitted-sa-partner-wanted.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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