HARARE – Jailed former Finance Deputy Minister Terence Mukupe has filed a Supreme Court challenge of a January High Court refusal to grant him bail pending his appeal against conviction and imprisonment for fuel smuggling.
Mukupe was slapped with a three-year jail sentence last year following his conviction for smuggling 138,979 litres of diesel in 2017.
High Court judge Benjamin Chikowero also handed similar sentences on Mukupe’s accomplices Same Kapisoriso, Joseph Taderera and Leonard Mudzuto.
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 additional two-year prison sentences 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).
Their appeal was heard by Supreme Court Judges Hlekani Mwayera, Felistus Chatukuta and Nicholas Mathonsi.
Through their lawyer, Lewis Uriri, they argued that charges against them ought to have been quashed.
“The state could not prove fraud which was the predominant issue before the court,” Uriri said on their behalf.
“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 said Mukupe and three drivers cannot be treated the same as the other three were only driving and they did not know what they were transporting.
“A non-custodial sentence would have justified the matter,” Uriri said.
In response, Witness Mabhaudhi, representing the state, said the charge should not fall.
“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 as illegal,” he said.
Judgement on the matter was reserved indefinitely.
