Online Reporter
Peter Matika, Senior Court Reporter
CONVICTED drug dealer Gary Bell, has been released from prison on bail by the High Court in Bulawayo, after filing an appeal against the conviction and judgment issued at the magistrates’ court last month.
High Court Judge Justice Mposeni Dube, granted Bell US$500 bail pending appeal, which will soon be heard at the High Court.
The State was not opposed to bail, as it noted that it had erred, as the presiding magistrate did not mention the reasons for a custodial sentence, and it regarded any sentence of less than 24 months to be liable for an option of a fine or community service.
The State was represented by Mr Kenneth Shava, who said according to Section 123 (1) (b) (ii) of the Criminal Procedure and Evidence Act (Chapter 9:07) the court is empowered to admit a convicted person to bail pending the determination of his appeal by the High Court.
“It is, however, important to bear in mind that the main factors for consideration in an application for bail pending appeal are the likelihood of abscondment, the prospects of success in an appeal against both conviction and sentence, the right of an individual to liberty and potential high length of delay before an appeal can be heard,” he said.
Mr Shava said the court a quo might have misdirected itself in its judgment.
“…to say the applicant is facing a very serious offence for a period, which is less than 24 months. Further, the Zimbabwe national committee on community service raised guidelines for magistrates, prosecutors and other court officials in 2020, concerning any person who has been sentenced to an effective sentence of 24 months or less as a non-serious offender, eligible for community service,” said Mr Shava.
Bell (42) was arrested earlier this year during a sting operation targeting drug dealers and cartels.
A known socialite in Bulawayo, Bell was arrested on Valentine’s Day at a posh eatery and pub and was charged with drug possession.
He was convicted and sentenced by Bulawayo magistrate Mr Joseph Mabeza, who sentenced him to 18 months imprisonment, where six months were suspended on condition he does not commit a crime of a similar nature.
The sentence was handed to him last month, before he filed an appeal against the conviction and judgment.
On his initial arrest, Bell was denied bail, with the State viewing him as a flight risk, only to eventually grant him US$300 bail and conditions.
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. Preliminary tests confirmed the seized substances were cocaine and ecstasy. The recovered cocaine weighed about six grams with an estimated street value of US$480, while the ecstasy tablets were valued at US$60.
Bell, through his lawyer Mr Shepherd Chamunorwa of Calderwood, Bryce Hendrie, and Partners, strongly denied the charges, arguing that the drugs were planted.
Mr Chamunorwa alleged that after Bell’s arrest, one of the officers commandeered his vehicle and drove it to his residence, where they searched without following proper legal procedures.
Bell’s arrest sent shockwaves through the socialite scene, where he has maintained his innocence and has vowed to fight to clear his name.
