Moffat Mungazi
Tendai Gukutikwa
Post Reporter
A 24 -YEAR-OLD Penhalonga man will spend the next nine years in prison after he was found in possession of two elephant tusks.
Silas Chinaka was convicted of contravening Section 82 (1) (b) of Statutory Instrument 362 of 1990 as read with Section 128 of the Parks and Wildlife Act (Chapter 20:14) otherwise known as unlawful posession of, or trading on ivory or any trophy of a specially protected animal species.
Mutare provincial magistrate Anniah Ndiraya presided over the matter while Mrs Tafadzwa Zulu represented the State.
It was the State’s case that on May 15 at around 8am, police received a tip-off to the effect that Chinaka was at Fairview Farm in Penhalonga and was prospecting for a potential buyer of two elephant tusks.
“Acting upon the tip-off, a police detective from CID Mutare lured Chinaka through his mobile number by posing as a potential buyer of the two elephant tusks and he believed him.
“Two hours later, Chinaka agreed to meet with a police detective, who was posing as a buyer for the two tusks at Nyanga Turn-off along the Harare-Mutare highway,” she said.
Mrs Zulu said at around 11am CID detectives from Mutare teamed up and proceeded to Nyanga Turnoff along Harare-Mutare Highway with the intention of meeting with Chinaka.
“The police detectives later met with Chinaka at the agreed rendezvous. He was driving a white Honda Fit and he was alone in the motor vehicle. When they arrived where he was parked, they parked their motor vehicle parallel to his car. Chinaka immediately called one of the police detectives who was his potential buyer to his motor vehicle to first inspect the elephant tusks before he was given his money.
“The detective went to Chinaka’s motor vehicle and he was shown the two elephant tusks which were placed inside the boot. After seeing the tusks, the detective then identified himself as a member of the police by means of producing his police Identity card,” she said.
Chinaka was subsequently arrested after he failed to produce a permit which allowed him to trade, or possess ivory.
The two elephant tusks which were placed inside the motor vehicle were recovered.
Chinaka had initially pleaded guilty to the charge when he first appeared in court, revealing that he had got the elephant tusks from his supplier in Mozambique.
After he pleaded guilty, the matter was stood down for sentence after lunch.
However, when he came back for sentencing, he had engaged the services of Mutare lawyer, Mr Passmore Gwizo who then tended an application to alter plea from plea of guilty to not guilty.
As a result, the matter was remanded to May 19 for application consideration.
On May 19, Chinaka who was now legally represented by Mr Passmore Gwizo appeared Magistrate Mrs Annie Ndiraya while State was remanded to the next day for the ruling of his application to alter plea.
Magistrate Ndiraya turned down the application and remanded the matter to last Friday for sentence.
He was sentenced to nine years imprisonment, and he was no longer legally represented on the day of sentencing.
Both Tusks are valued at US$2 413.
Online Reporter