The respondent was charged with fraud in contravention of section 136 of the Criminal Law Code. He was acquitted by the magistrates court at the close of the state case on 18 September 2012. The trial court found that the state had failed to establish an essential element of the offence, namely that there was no misrepresentation made to the complainant. The trial court also found the charge baseless and did not believe the state witnesses, who were discredited under cross-examination. Both state witnesses shifted positions on simple issues, including how they got to know the accused person, and one witness (Pedzayi Sakupwanya) refused to cooperate on the identity of the person who introduced him to the accused. The Attorney General filed an application for leave to appeal on 18 February 2013, five months after the acquittal.