dyton mupawaenda
Fidelis Munyoro-Court Reporter
THE Supreme Court has reserved judgment in the final appeal by former Deputy Finance Minister Terrence Mukupe against conviction, a three-year sentence and a fine of US$12 780 for smuggling 138 000 litres of diesel.
He appealed against both conviction and sentence before the High Court, which confirmed both, but the Supreme Court did agree to hear a second appeal this week.
A three-judge panel led by Justice Nicholas Mathonsi heard the appeal yesterday and reserved judgment.
Mukupe was last year convicted along with drivers Sam Kapisoriso, Joseph Taderera and Leonard Mudzuto of unlawfully importing diesel without paying duty.
The four were each sentenced to three and half years in jail with six months suspended for five years on condition of good behaviour. In addition, the court slapped each of the four with a fine of US$12 780 (or two years).
The three drivers drove the tankers into Zimbabwe full of diesel with the papers saying it was en route to the Democratic Republic of Congo. But they replaced the fuel with water in Zimbabwe. After conviction, Mukupe and his accomplices lost bail and are in custody pending sentence.
Mukupe and his accomplices were arrested in February 2017 and charged with fraud or alternatively contravening Section 174(1) (e) of the Customs and Excise Act with a false declaration.
The court heard that on January 26, 2017, Kapisoriso, Mutsvene and Taderera entered the country through Forbes Border Post, driving tankers with diesel from Beira marked as being en-route to the DRC.
While in Zimbabwe the three truck drivers allegedly connived with Mukupe to empty the tankers and replace the diesel with water.
Upon arrival at Chirundu Border Post on January 31 as they proceeded to the DRC, a physical examination on samples of the contents in the tankers was carried out, which later showed that the tankers contained water and not diesel.
Online Reporter