Conversations of lawyers
We thank you for your letter dated 3rd July 2020 responding to ours dated 29th June 2020. Having noted the contents of your letter and consulted our client, we have instructions to respond to the same as follows;
As you may be aware, our client lodged a complaint against your client for an alleged offence of obtaining money by false pretence. As required in law, our client has recorded her statement with the police and supplied sufficient material to the police that is sufficient to support a charge against your client. Whether or not our client is on personal vendetta is a question that the court will have an opportunity to determine when the parties will have their day in court. Nevertheless, our client will supply any other material that the police may require in the complaint which materials will be availed to your client in readiness for the criminal trial.
The arrest of your client and confiscation of some of his motor vehicles was conducted by authorities whom we have reason to belief acted within the law. However, if you allege that the police have committed illegalities in executing their mandate, which is something that needs to be taken with the relevant authorities. We do confirm that our client has no control over the conduct of the police when executing their mandate.
For the record, our client reiterates her complaint as set out in the statement supplied to the police which statement is already in your possession. This being a criminal complaint, we want to belief your client will have adequate time to challenge the allegations that our client has raised.
We have noted that your client has introduced a new dimension in this matter of having been romantic relationship. This is neither here or there. Even if we were to assume that that the parties herein were engaged in a relationship, that does not defeat the fact that you client took advantage of our client’s trust and defrauded her of substantial amounts of money. We reiterate that our client’s complaint is that of obtaining money by false pretense.
We are instructed that our client’s claim is for USD 277,000 which your client fraudulently obtained from her, nothing less. If your client is willing to dispose the purported apartment to mitigate our client’s claim, our client has no control over that. Our client will only agree to terminate the matter at this stage upon receipt of all the money that your client fraudulently obtained from her.
Our client has reason to believe that your client used the fraudulently obtained cash to buy various properties in your client’s name and others in proxies. The question of whether your client bought any of the mentioned properties on his own is a matter that will be critical during the hearing of the case.
Please note that our client acted within the laws of the land by reporting a complaint to authorities. The authorities’ while acting on the complaint, have allegedly caused the arrest of your client and confiscated some of his properties. We are alive to the fact in any criminal investigations; police officers have the legal authorities to detain any material that may be needed as evidence in court. Our client has not publicized any of her allegations apart from the statement recorded with the police.
Our client has no intention of withdrawing the complaint she lodged with the police until your client fully reimburses her all the monies he fraudulently obtained from her. Save that our client lodged a complaint to the police to investigate criminal conduct against your client; our client will neither apologise nor admit any liability for acting within the confines of the law.
Our plea is that you advise your client to allow the law to take its cause and raise the issues in your letter during the criminal trial. However, should you opt to sue our client, any such misguided suit on account of her complaint to the police will be strenuously defended to client’s risks as to costs and any other incidentals thereto.