Wrongly Convicted Database Record

 

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Edgar Mdongo

 

Charge:

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

Sentence:

"5 yrs with 3 yrs suspended conditioned on restitution payment of 200,000"

Years Imprisoned:

0.5

Year Crime:

Year Convicted:

2012

Year Cleared:

2016

U.S. State or Country of Crime:

Zimbabwe

County or Region of Crime:

Matabeleland

City of Crime:

Bulawayo

Result:

Judicially Exonerated

Summary of Case:

"Edgar Mdongo was wrongly convicted in December 2012 of defrauding the Mpilo Central Hospital of R200,000. The Mpilo Central Hospital is in Bulawayo, Matabeleland, Zimbabwe. Mdongo was the hospital's chief medical equipment technician, and he was prosecuted, along with hospital buyer Dumisani Sibanda, of changing a quotation for hospital equpment from R48,000 to R248,000. The prosecution didn't allege that either Mdongo or Sibanda benefited or would have personally benefited from the altered quotation, but that it did prejudice the hospital. After their joint trial Sibanda was acquitted, while Mdongo was sentenced to 5 years in prison with 3 years suspended, conditioned on his payment of R200,000 restitution. Mdongo appealed, arguing that the hospital wasn't prejudiced by the changing of the original quotation that was for the wrong specification of the equipment ordered, and that the correct equipment was subsequently quoted at R248,000. In 2013 Mdongo was released from prison on bail pending the outcome of his appeal. The prosecution conceeded to the appeal court that no evidence was presented at trial proving the hospital was prejudiced by changing the original quotation to reflect the correct equipment price of R248,000. In May 2016 Zimbabwe's High Court overturned Mdongo's conviction on the basis that fraud's essential element of prejudice to the hospital wasn't proven. Justice Maxwell Takuva stated the appeals court's ruling that, "The court is satisfied that both conviction and sentence were improper and accordingly the appeal is upheld.""

Conviction Caused By:

Innocence Proved By:

"In May 2016 Zimbabwe's High Court overturned Mdongo's conviction on the basis that fraud's essential element of prejudice to the hospital wasn't proven. Justice Maxwell Takuva stated the appeals court's ruling that, "The court is satisfied that both conviction and sentence were improper and accordingly the appeal is upheld.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Ex Mpilo Boss Jail Term Quashed, By NewsdzeZimbabwe, May 26, 2016"

Information Location 1:

http://www.newsdzezimbabwe.co.uk/2016/05/ex-mpilo-boss-jail-term-quashed.html

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