HARARE, May 13 (NewsDay Live) – A Harare woman who claimed to be the executor of the estate of the late Brian James and Elizabeth Rhodes – who she claimed were relatives of the late Cecil John Rhodes – on Tuesday ducked out of cross-examination in a case of theft of trust property, saying her sugar levels had dropped while leading evidence.
Elizabeth Parirenyatwa had reported Adam Wood and Brian Murphy for theft of trust property, and was testifying before Harare magistrate Jacqueline Gara.
However, after Parirenyatwa completed leading evidence, Gara adjourned the matter until after lunch. Upon returning to court, Parirenyatwa told the court that she was not feeling well and could not proceed with the cross-examination by the accused’s lawyers.
The defence lawyers, however, accused Parirenyatwa of evading cross-examination because the information that she had told the court had been falsely supplied by Wood and Murphy to the Registrar of Companies had been had been certified as correct by the Registrar.
Gara postponed the matter to May 20.
According to investigations based on available genealogical records, there was no documented familial relationship between Cecil John Rhodes and Brian James Rhodes, contrary to claims made by Parirenyatwa.
During a previous court session, an assistant from the Master of the High Court testified that their office had received multiple complaints from the children of the late Brian James Rhodes. The complaints concerned the appointment of Parirenyatwa as executor of their father's estate, with the children seeking her removal.
Under cross-examination, the assistant confirmed that the children were strongly opposed to Parirenyatwa serving as executor. One of the defence lawyers asserted that Parirenyatwa was mentally unstable and a criminal, which was purportedly the reason the children wanted her removed.
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The State also called two witnesses from the Deeds Office, who testified that no prejudice or wrongdoing could be attributed to Murphy and Wood in connection with the matter. They confirmed that Murphy and Wood had not filed any documents in their personal capacities and that there was no legal connection between them and the alleged offense.
Both witnesses stated that neither the Deeds Office nor the Registrar of Companies had suffered any prejudice or identified any maladministration concerning Karoi Properties.
The court also heard that the Master of the High Court had never been presented with evidence showing that Brian James Rhodes owned shares in Karoi Properties. In fact, existing High Court judgments confirmed that the shares belonged to the Phoenix Trust.
Furthermore, the Registrar of Companies confirmed receipt of a court order recognizing Murphy and Wood as the appointed directors of Karoi Properties.
It was noted in court that Brian James Rhodes passed away on July 29, 2006, and that his surviving spouse, Elizabeth Anne Rhodes, later registered the estate with the Master of the High Court under DRI 426/1.
Parirenyatwa alleges that Murphy and Wood conspired to appoint themselves as directors of Karoi Properties, falsely citing that Rhodes had resigned on April 30, 2012, despite his death occurring in 2006.
Parirenyatwa was reportedly appointed executor dative of the Rhodes estate after receiving power of attorney from Anne Rhodes.
