By Innocent Ruwende
HARARE – The High Court is expected to hear an application by the prosecution seeking the re-committal to prison of businessman Newman Chiadzwa on charges of unlawfully possessing diamonds.
In 2011 the High Court quashed a five-year prison term and a US$132 764 fine imposed on the businessman for illegal possession of diamonds after a no-show by the Attorney-General’s Office in a review application.
Justice Andrew Mutema set aside both conviction and sentence of Mr Chiadzwa and quashed the magistrates’ court’s criminal proceedings that resulted in the jailing of the diamond dealer. Chiadzwa had been sent to prison for five years and asked to pay a US$132 764 fine in March 2010.
However, Mutema passed a default judgement against the State on June 29, 2011, resulting in Chiadzwa walking a free man. The State is now seeking Chiadzwa’s re-committal to prison through an application for rescission of the judgment.
Mr Albert Masamha from the AG’s Office argues there were no valid reasons for the court to pass a default judgment.
“Applicant strongly feels that the matter is supposed to be decided on merits rather than on unfounded technicalities,” reads part of the application.
The state further said that Chiadzwa’s lawyer Mr Puwai Chiutsi of P Chiutsi Legal Practitioners filed a notice of set-down on the unopposed roll without its knowledge.
“Honourable Justice Mutema heard the application and he proceeded to quash the proceedings and set aside the conviction and sentence. As demonstrated above, there were no valid reasons for the default judgment to be entered. If anything is to go by, it was respondent (Chiadzwa) whose papers were not in order,” said Masamha.
After his acquittal last year, Chiadzwa filed a High Court application claiming back his excavator (front-end loader), tipper truck and other equipment seized by the police from his homestead near the Chiadzwa mine fields in Marange three years ago.
He argued that the seizure of the property after his arrest had nothing to do with the criminal case.
Mr Chiadzwa contends that he was arrested in 2006 for the offence of buying diamonds. He, however, argued that the seized excavator, tipper truck, jig machine, a 5 000 litre water tank and toolbox could not be used to buy diamonds as alleged.
He added that he has since been acquitted of the said charges and that there was no basis for the police to continue holding on to the property. The application was granted by the High Court. The Herald
