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Fungai Lupande Court Reporter
The 32-year-old drug mule who accused the police of planting 3,8 kilogrammes of cocaine worth $304 000 in her luggage while she was travelling from Brazil has been sentenced to eight years for trying to smuggle the drugs into the country.
Beauty Mutashu was arrested at Harare International Airport in May with the cocaine concealed in 11 shirts in her luggage. Harare magistrate Mr Lazini Ncube sentenced her to 10 years yesterday, before suspending two years for five years on condition of good behaviour.
The offence carries a mandatory 15-year jail term. In mitigation, Mutashu said she was a single mother with five children. “My children are aged 16, 13, four and twins aged one year eight months,” she said. “I look after my mother who is mentally challenged.
“My two brothers passed on and left five orphans. Honestly speaking, I did not bring drugs from Brazil. I do not know what happened with the police.”
Prosecutor Ms Francesca Mukumbiri told the court that Mutashu said nothing special to persuade the court to deviate from the mandatory sentence.
According to Section 156 (1)(a) of the Criminal Law (Codification and Reform) Act, dealing in dangerous drugs attracts different penalty regimes.
For dealing in dangerous drugs, the penalty is harsher than possession and a mandatory sentence can be imposed in the absence of special circumstances.
Section 156 (2) of the Act applies to an established syndicate or when the cocaine is used in weapons or the accused is a public officer, or the accused gave the cocaine to a person below 18 years.
Mutashu did not fit into the above category, hence the court’s leniency. In her bail application when she initially appeared in court, Mutashu said she was sent to Brazil by one Mildred to get her bags. “I did not know about the cocaine,” she said. “I just thought I was carrying clothes. Everything was sealed.”
She said she went to Brazil to see her boyfriend. Mutashu told the court that she suspected the police of planting the cocaine in her luggage to save a South African drug trafficker who was aboard the same flight.
Mrs Mukumbiri proved that on May 12, CID Drugs and Narcotics received information that Mutashu was coming from Brazil with cocaine.
She was aboard Emirates flight EK 713 and had two bags. Upon being searched, detectives recovered an aluminium foil containing cocaine weighing 3,8kg and valued at $304 000.
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