Supreme Court Reserves Judgement In Terrence Mukupe’s Appeal
The Supreme Court has indefinitely reserved its judgement in a matter the jailed former Finance Deputy Minister Terrence Mukupe was appealing against a High Court ruling dismissing his appeal against conviction and imprisonment for fuel smuggling, reported ZimLive.
High Court judge Benjamin Chikowero slapped Mukupe and his accomplices Same Kapisoriso, Joseph Taderera and Leonard Mudzuto with three-year jail sentences each last year following their conviction for smuggling 138 979 litres of diesel in 2017.
The four were initially jailed three and half years each but six months were set aside on condition that they do not commit a similar offence in the next five years.
They were also each fined US$2,780 with the alternative of an additional two-year prison sentence if they failed to pay the fine.
The four were facing fraud charges and an alternative charge of contravening section 174(1) of the Customs and Excise Act (false declaration).
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They filed an appeal which was thrown out by the High Court earlier this year.
The four then approached the Supreme Court where their appeal was heard by a three-panel bench comprising Justices Hlekani Mwayera, Felistus Chatukuta and Nicholas Mathonsi.
Through their lawyer, Lewis Uriri, the four argued that charges against them ought to have been quashed. Said Uriri on their behalf:
The state could not prove fraud which was the predominant issue before the court.
They then focused on the alternative charge. So, it did not apply its mind to the main charge.
If you are found guilty of the alternative charge, it means you are not guilty of the main charge.
Uriri argued that Mukupe and the three drivers cannot be treated the same as the other three were only driving and did not know what they were transporting. He said:
A non-custodial sentence would have justified the matter.
In response, the prosecutor, Witness Mabhaudhi, said the charge should not fall. He said:
Fraud is one of the means of committing the alternative charge. The aforesaid section 174 of the Customs and Excise Act supports that the importation of goods without payment of duty is illegal.
More: Pindula News
