Online Reporter
Peter Matika, Senior Court Reporter
THE High Court in Bulawayo has dismissed an appeal by convicted drug dealer Gary Bell, sealing his return to prison to serve a 12-month effective sentence.
Justices Munamato Mutevedzi and Ngoni Nduna ruled that Bell’s conviction at the magistrates’ court was sound and that his claim of being framed could not be supported by evidence.
“The court proved beyond reasonable doubt that the appellant was found in possession of the drugs. His claim that the drugs were planted cannot be supported by any evidence,” ruled Justice Mutevedzi.
He added that the sentencing magistrate had exercised proper discretion and that the appeal court would not interfere unless the sentence was “manifestly excessive”.
Bell (42), a well-known Bulawayo socialite, had been out on US$500 bail since mid-August while challenging his conviction and 18-month sentence handed down by Bulawayo regional magistrate Joseph Mabeza in July. Six months were suspended on condition of good behaviour, leaving him with an effective 12 months to serve.
In his failed appeal, Bell argued through his lawyer, Mr Shepherd Chamunorwa of Calderwood, Hendrie and Partners, that the charges were fabricated by a local businessman seeking revenge over a long-standing dispute.
According to court records, on February 14, at around 6AM, detectives from Harare received a tip-off alleging that Bell was dealing in cocaine.
Following surveillance, detectives arrested Bell at midnight as he arrived at the venue in a silver Toyota double cab.
Subsequent searches at Bell’s Burnside residence uncovered another sachet of a whitish substance hidden in a small blue jewellery box inside a built-in wardrobe in his bedroom.
Authorities also seized two digital weighing scales and several razor blades smeared with a similar substance. Tests confirmed the substances were cocaine and ecstasy with a combined street value of over US$500. The recovered cocaine weighed about six grams.
Bell denied the charges and claimed the drugs were planted. He further alleged that police violated his rights and illegally searched his property.
The High Court ruling means Bell must now serve the remainder of his sentence without further recourse.
