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Nyore Madzianike
Senior Court Reporter
HARARE regional magistrate Mr Stanford Mambanje has ordered the State to call a science expert to interpret a document tendered in court which explains the difference between crystal methamphetamine (crystal meth) and methylenedioxymethamphetamine.
Mr Mambanje made the order after Anisha Brenda Gumbo tendered a document – with diagrams showing different chemical compositions of the two drugs – when she challenged her prosecution on dealing in crystal meth.
Gumbo, through lawyer Mr Admire Rubaya, tendered the document in a bid to quash the State’s argument that crystal meth was a dangerous drug named as methylenedioxymethamphetamine listed in Part II of the Schedule in the Dangerous Drugs Act Chapter (15:02).
“The document filed has some scientific diagrams which calls for interpretation by an expert witness. What usually renders this evidence (document tendered by Gumbo) credible comes from an expert,” said Mr Mambanje.
Mr Mambanje said he would prefer an independent expert from the Pharmaceutical Council of Zimbabwe to attend court and testify tomorrow.
Mrs Netsai Mushayabasa told the court in her response to Gumbo’s application, that crystal meth was a dangerous drug named as methylenedioxymethamphetamine.
She said anyone found dealing or in its possession is liable for prosecution.
“Crystal meth is a dangerous drug named as methylenedioxymethamphetamine in Part II of the Schedule in the Dangerous Drugs Act Chapter (15:02) and therefore the accused person’s conduct of being found in possession of such is a criminal offence and there is reasonable suspicion that she was dealing in the drug.
“The chief ingredient in the crystal meth is methamphetamine. Methamphetamine is a derivative of methylenedioxymethamphetamine which is a dangerous drug in terms of the Dangerous Drugs Act under Part II of the scheduled drugs,” she said.
In the application for refusal of remand, Mr Rubaya argued that crystal meth was not listed in the Schedule of Dangerous Drugs Act Chapter (15:02).
He said crystal meth could not be classified as a dangerous drug simply because politicians and general members of the public wanted to refer it as dangerous.
“The State alleges that crystal methamphetamine that the accused was allegedly found in possession of is a dangerous drug yet there is no such drug listed in the Schedule of Dangerous Drugs Act.
“A drug does not become dangerous in terms of Criminal Law Codification and Reform Act (9:23) simply because the general populace, the State and or politicians want it to be treated as dangerous drug.
“A drug can only be dangerous in terms of the law if it is one which fits into the definition of dangerous drugs in terms of Section 155 of the Criminal Law Code which provides that a dangerous drug means any coca bush, coca leaf, raw opium or cannabis plant, prepared opium, prepared cannabis, cannabis resin or a scheduled drug.
“Crystal methamphetamine does not fit in the above.
“A perusal of Part 1 of the Schedule to the Dangerous Drugs Act shows that there is no drug known as crystal methamphetamine or crystal meth or mutoriro in vernacular,” he said.
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