Ari Karu, Mahuta Magani and Boni Gui were charged with one count of conspiracy to defraud Tubusereia United Church by withdrawing K37,500 from Heduru Moni Ltd between Nov 1, 2012 and Nov 30, 2012.
They were also charged with one count of misappropriating K37,500, funds belonging to the Tubusereia United Church under the pretext of building a pastor’s house.
They were charged under sections 407 (1)(a) and sections 383A(1)(a) and (2)(d) respectively.
Deputy Chief Justice Sir Gibbs Salika today cleared the three of the allegations against them after he found the two charges were not consistent with the provision of the law under which the charges were laid.
Sir Salika found that the charge of conspiracy and misappropriation were tangled up.
He also found that there is no evidence Tubusereia United Church is a corporate entity capable of owning property.
“Ownership of the property is an essential element of the charge of misappropriation and therefore must be properly stated in the charge and proved,” Sir Salika said.