adminClara Mdefi
TWO men from Chishingwi village under Chief Chiadzwa were arraigned before Mutare court after they were allegedly found in possession of 36 pieces of diamonds.
Pardon Masiyiwa (34) and Lancelot Zengeni (44) allegedly contravened Section 3 (1) of the Precious Stones Trade Act Chapter 21;06 which outlaws dealing in or possessing diamonds without a licence or permit.
Mutare lawyer Mr Farai Matinhure of Gonese and Ndlovu legal practitioners, who was representing the accused persons, told the court that the two accused persons, Masiyiwa and Zengeni, who reside at Chishingwi village, had the right to be given bail since they had a verifiable address.
“Your Worship, the two accused are family men with family ties here in Mutare, there is no way they are going to flee from the country. They are not holders of passports nor have previous convictions.
“Besides it’s not like the accused persons were caught red handed with the alleged diamonds, the alleged pieces were recovered in first accused, Musiyiwa’s house. Likely accused one, Zengeni, had no knowledge of the whereabouts of the pieces,” he said.
In opposition to the bail request, public prosecutor Mr Brian Goto, who represented the state, objected to the defence counsel’s request for bail saying the two had committed a serious crime of being found in possession of 36 pieces of diamond without a licence.
“Your Worship, now that the 36 pieces of diamonds have been recovered from the two accused persons there is a high possibility that if they are granted bail, absconding was highly likely since conviction of almost five years was most certain”.
Mutare magistrate Annie Ndiraya then ruled in favour of the accused persons, granting them $100 bail and the case was postponed to November 17 for trial.
The court heard a tip-off was received by Superintendent Chiriseri that there were illegal diamond dealings at Chishingwi village, Chief Chiadzwa.
For investigations, a team of four detectives from the Mineral Unit Manicaland namely Sergeant Mpofu, Sergeant Mucharuona, Constable Chimedza and detective Mushohwe then conducted a search that led to the recovery of 36 pieces of diamonds and diamond granules in Masiyiwa’s house.
The team also recovered three digital diamond scales, five ultra-violet lights, two magnifying glasses, six chisels and 11 hammers.
Online Reporter